[Senate Report 107-156]
[From the U.S. Government Publishing Office]
Calendar No. 384
107th Congress Report
SENATE
2d Session 107-156
======================================================================
MAKING SUPPLEMENTAL APPROPRIATIONS FOR FURTHER RECOVERY FROM AND
RESPONSE TO TERRORIST ATTACKS ON THE UNITED STATES FOR THE FISCAL YEAR
ENDING SEPTEMBER 30, 2002, AND FOR OTHER PURPOSES
_______
May 29, 2002.--Ordered to be printed
Filed, under authority of the order of the Senate of May 22, 2002
_______
Mr. Byrd, from the Committee on Appropriations,
submitted the following
R E P O R T
[To accompany S. 2551]
The Committee on Appropriations reports the bill (S. 2551)
making supplemental appropriations for further recovery from
and response to terrorist attacks on the United States for the
fiscal year ending September 30, 2002, and for other purposes,
reports favorably thereon and recommends that the bill do pass.
C O N T E N T S
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Page
Supplemental request justification information................... 3
Title I--Supplemental appropriations:
Chapter 1: Subcommittee on Agriculture, Rural Development,
and Related Agencies....................................... 5
Chapter 2: Subcommittee on Commerce, Justice, and State, the
Judiciary, and Related Agencies............................ 11
Chapter 3: Subcommittee on Defense........................... 40
Chapter 4: Subcommittee on the District of Columbia.......... 50
Chapter 5: Subcommittee on Energy and Water Development...... 54
Chapter 6: Subcommittee on Foreign Operations, Export
Financing, and Related Programs............................ 59
Chapter 7: Subcommittee on Interior and Related Agencies..... 67
Chapter 8: Subcommittee on Labor, Health and Human Services,
and Education and Related Agencies......................... 70
Chapter 9: Subcommittee on the Legislative Branch............ 78
Chapter 10: Subcommittee on Transportation and Related
Agencies................................................... 80
Chapter 11: Subcommittee on Treasury and General Government.. 94
Chapter 12: Subcommittee on Veterans Affairs and Housing and
Urban Development and Independent Agencies................. 97
Title II--General provisions..................................... 104
Compliance with paragraph 7, Rule XVI of the Standing Rules of
the Sen-
ate............................................................ 105
Compliance with paragraph 7(C), Rule XXVI of the Standing Rules
of the Senate.................................................. 106
Compliance with paragraph 12, Rule XXVI of the Standing Rules of
the Senate..................................................... 106
Budgetary impact................................................. 132
Supplemental Request Justification Information
The Committee is concerned about the quality and timing of
the budget justification materials sent to Congress in support
of the Administration's supplemental appropriations request.
The Administration sent to Congress its fiscal year 2002
supplemental request on March 21, 2002, 6\1/2\ weeks after the
President submitted his fiscal year 2003 Budget. Because of
this delay, the Committee was delayed in its consideration of
the Administration's proposals. The ability of the Committee to
perform a thorough and independent review of the proposals was
also impeded by the fact that justification materials for some
agencies were further delayed, inadequate, or both.
The Committee is particularly concerned with the
information it received from the Transportation Security
Administration (TSA) regarding the request for $4,400,000,000.
A full month went by between the time the Administration
submitted its supplemental request and the time that it was
prepared to discuss the details of how the funding would be
used. Although the Department of Transportation has provided
supporting detail since that time, breakdowns of the request
and underlying assumptions continue to change. In addition, the
Committee has received no justification supporting TSA's fiscal
year 2003 request of $4,800,000,000, despite assurances from
the Secretary of Transportation and his senior staff that such
materials are forthcoming. The Administration should not expect
the Committee to recommend large expenditures of public funds
without proper justification--even for critical activities.
While the Committee appreciates the challenges of estimating
costs to establish a new agency, the time to complete those
assessments is before funds are requested, not after.
The Committee is likewise concerned with the significant
lack of information accompanying the request for $327,000,000
for the First Responders program requested through the Federal
Emergency Management Agency (FEMA). The request is a precursor
to the $3,500,000,000 requested for the First Responder
Initiative in the fiscal year 2003 submission, yet the
Administration is still unable to provide detailed information
which explains how funding will be allocated among States,
local governments and first responders. The lack of information
over funding allocations will delay assistance to first
responders unnecessarily. While the Committee has supported
first responders through the Department of Justice and FEMA,
the Administration has yet to justify the merger of existing
programs into a new block grant program.
The Committee expects that the Administration, and
particularly OMB, will take seriously the need to provide
Congress with timely and meaningful materials in support of its
budget requests. The apparent disregard of the need to
adequately inform Congress must cease. The Committee has a
right and a Constitutional duty to fully review any and all
Administration budget requests, and it is committed to
faithfully exercising this responsibility on behalf of the
American taxpayer.
The Committee further notes that the House and Senate
Appropriations Committees decided to delegate an extraordinary
authority to the Executive Branch in Public Law 107-38, the
2001 Emergency Supplemental Appropriations Act for Recovery
from and Response to Terrorist Attacks on the United States. In
that legislation, which the Congress passed just 3 days after
the terrorist attacks of September 11, 2001, the Congress chose
to allow the Executive Branch to allocate $10,000,000,000 to
Federal agencies for immediate needs in response to that
crisis, after consulting with the Congress, and another
$10,000,000,000 subject to notifying Congress and waiting 15
days. This was an extraordinary granting of authority to the
Executive Branch in response to extraordinary events.
During the consultation process, the Office of Management
and Budget and the affected Federal agencies provided the House
and Senate Appropriations Committees with extremely limited
budget justification materials. Given the time sensitivity of
the funds for the Department of Defense, the Federal Emergency
Management Agency, the Federal Bureau of Investigation and
other agencies, these justifications were approved. Eight
months after September 11, the Administration continues to
provide the Congress with justification materials that are
incomplete, incorrect, poorly conceived and often late.
The Administration is now asking Congress to consider long-
term solutions to the attacks of September 11. It is asking the
Appropriations Committees to establish new programs that are
not specifically authorized and for which authorization
legislation has not been submitted to Congress. It is asking
the Appropriations Committees to fund new agencies with
thousands of new employees without detailed staffing plans. It
is proposing to terminate existing programs. Yet, the budget
justification materials in support of these proposals have not
been complete. The Committee urges the Administration to
expedite the completion of detailed justification materials.
TITLE I--SUPPLEMENTAL APPROPRIATIONS
CHAPTER 1
Subcommittee on Agriculture, Rural Development, and Related Agencies
DEPARTMENT OF AGRICULTURE
Office of the Secretary
(including transfers of funds)
2002 appropriation to date.............................. $83,892,000
2002 supplemental estimate..............................................
Committee recommendation................................ 18,000,000
The Committee recommends $18,000,000 to the Office of the
Secretary for enhanced activities related to homeland security
for facility related upgrades. The Committee is greatly
concerned by findings published in a March 2002, audit report
of the USDA Inspector General relating to laboratory security,
and directs the Secretary to correct problems cited in that
report, including the establishment of a consolidated database
of biological agents located at field laboratories across the
country. The Committee is aware the Department has not
allocated the full amount transferred from the emergency
response fund as provided by Division B of the fiscal year 2002
Defense Appropriations Act, and directs that $10,400,000 held
in contingency funds by the Secretary and the Agricultural
Research Service, in addition to funds made available under
this heading be used for this purpose. The Committee provides
for the transfer of these funds to agencies to meet one-time
costs associated with security upgrades at these locations. In
addition, the Committee directs the Secretary to notify the
Committee within 30 days of enactment of plans to allocate and
obligate these funds, and funds transferred from the emergency
response fund and to provide quarterly reports on their use
through fiscal year 2003. The entire amount appropriated has
been designated as an emergency requirement pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
The Committee expects the Department to properly coordinate
and share import-related information with relevant USDA
agencies, the Food and Drug Administration, the U.S. Customs
Service, and others as determined by the Secretary. The
Committee further directs the Secretary to report to the
Committee on Appropriations of the House and Senate, no later
than December 31, 2002, on interagency coordination and
additional agency needs, including information technology
systems required by the Food Safety and Inspection Service, and
other agencies, to properly coordinate import related
activities.
The Committee is aware that funds provided under this
heading in Public Law 107-20 were used to establish the
position of District Veterinary Medical Officers within each of
the 17 Districts of the Food Safety and Inspection Service.
These Officers, which the Committee expects to remain as
permanent positions, are to assure compliance with the Methods
of Humane Slaughter Act in slaughter establishments. The
Committee expects these Officers to record violations of this
Act and for the agency to increase enforcement activities at
establishments which demonstrate a recurrence of such
violations. In addition, funds were provided in Public Law 107-
20 to increase inspection and enforcement activities of the
Animal and Plant Health Inspection Service related to the
Animal Welfare Act. The Committee is aware that these funds are
being used, in part, to establish a Dog Dealers Task Force to
review activities of Class B Dealers who supply dogs for
research and individuals engaged in providing puppies to the
pet trade. In recent years, violations of the Animal Welfare
Act by Class B Dealers have included the stealing of peoples'
pets which were, in turn, sold for laboratory experiments. In
addition, violations at puppy breeding establishments have
included the caging of dogs in extremely inhumane conditions.
The Committee supports the purpose of this Task Force and urges
it to pursue a nation-wide scope of activities to ensure that
Class B Dealers and others involved in the breeding and sale of
animals are in compliance with appropriate animal welfare
regulations. The Committee expects a report on the activities
of this Task Force by September 1, 2002.
Agricultural Research Service
SALARIES AND EXPENSES
2002 appropriation to date.............................. $1,019,464,000
2002 supplemental estimate..............................................
Committee recommendation................................ 16,000,000
The Committee recommends $16,000,000 to the Agricultural
Research Service for enhanced activities related to homeland
security to address vulnerabilities to this country's
production agriculture sector in areas and at levels identified
by the Department of Agriculture. Of these funds, $4,500,000 is
for research related to animal pathogens; $500,000 is for
research related to plant pathogens; $2,000,000 is for research
related to spongiform transmissible encephalopathy, including
chronic wasting disease; $2,500,000 is for vaccine trials
related to foot and mouth disease; $3,000,000 is for plant
genome sequencing to enhance resistance to disease; $3,000,000
is for cattle genome sequencing to enhance resistance to
disease; and $500,000 is for research related to exotic
Newcastle disease.
The Committee is disturbed by proposals submitted in the
President's budget request for fiscal year 2003 that would
eliminate a number of critical agricultural research projects
that have been established through congressional directives
over the past 2 years. The only apparent rationale for these
reductions by this and previous Administrations is an attitude
that research priorities of the Congress have no merit on their
face and seem not worthy of, at least, a thoughtful analysis by
the Executive Branch in terms of budgetary and subject-matter
priorities. In addition, the President is proposing to
terminate a number of important Federal research locations,
including locations at which honey bee research is conducted.
The accidental introduction of varroa and tracheal mites in the
United States during the mid-1980's has reduced the once-
thriving populations of feral honey bees by more than 80
percent. These bees are necessary for the continued pollination
of crops and wild plants. The Committee finds the proposed
elimination of honey bee research at three Federal locations,
in spite of serious reductions in bee populations and
consequences related to pollination, which might adversely
affect the world's food supply, extremely short-sighted and
based on an unfortunate, and mistaken, assumption by the
Executive Branch that all meaningful research must originate
with it. The Committee directs the Secretary to take no action
which would reduce research activities proposed for elimination
in advance of congressional direction in that regard.
BUILDINGS AND FACILITIES
2002 appropriation to date.............................. $191,987,000
2002 supplemental estimate..............................................
Committee recommendation................................ 50,000,000
The Committee recommends $50,000,000 to the Agricultural
Research Service for buildings and facilities construction of
the National Animal Disease Laboratory at Ames, Iowa. In a May
25, 2001, correspondence to this Committee, the Secretary of
Agriculture noted that ``. . . there is an urgent need to
renovate and modernize the existing facilities [at Ames, Iowa].
Grossly debilitated and inadequate for animal health programs
of high national priority, these facilities must be
modernized.'' Since the events of September 11th, and in view
of the fact that the primary mission of this facility is
research on highly infectious animal diseases such as bovine
spongiform encephalopathy (Mad Cow Disease) and others, which
terrorists might use with devastating results to the U.S.
economy, the needs outlined by the Secretary have become even
more pronounced.
Cooperative State Research, Education, and Extension Service
Extension Activities
2002 appropriation to date.............................. $439,473,000
2002 supplemental estimate..............................................
Committee recommendation................................ 16,000,000
The Committee recommends $16,000,000 to the Cooperative
State Research, Education, and Extension Service for enhanced
extension activities related to homeland security in rural
areas. These funds are to be used for expansion and
coordination of the Extension Disaster Education Network,
consistent with directives from the Office of the President, to
serve as a national program of first response in rural areas
including components of awareness, risk assessment, mitigation,
and recovery. The Committee expects the Secretary to notify the
Committee within 30 days of enactment of plans to allocate and
obligate these funds. The entire amount appropriated has been
designated as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
Animal and Plant Health Inspection Service
SALARIES AND EXPENSES
2002 appropriation to date.............................. $725,490,000
2002 supplemental estimate..............................................
Committee recommendation................................ 60,000,000
The Committee recommends $60,000,000 for the Animal and
Plant Health Inspection Service to enhance activities related
to homeland security to protect against bioterrorism threats to
plant and animal production. The Committee is aware the agency
has not allocated the full amount transferred from the
emergency response fund as provided by Division B of the fiscal
year 2002 Defense Appropriations Act, and directs that
$9,700,000 held in contingency funds, in addition to funds made
available under this heading, be used for this purpose. Of
these funds, $19,022,000 is to be used for animal health
surveillance, monitoring, and management, including activities
relating to transmissible spongiform encephalopathy such as
chronic wasting disease; $21,550,000 is to be used for pest
detection activities; $15,000,000 is to be used for emergency
preparedness; $9,128,000 is to be used for physical and
operational security; and $5,000,000 is to be used for
additional equipment needs and smuggling interdiction. The
Committee expects the Secretary to notify the Committee within
30 days of enactment of plans to allocate and obligate these
funds. The entire amount appropriated has been designated as an
emergency requirement pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
The Committee is concerned by the growing incidence of
chronic wasting disease, including reported cases east of the
Mississippi River, and the potential risk it poses to both wild
and domesticated animal populations. The Committee notes there
is no evidence that this disease is transmissible to non-cervid
animals, such as cattle, swine, and other livestock species,
but the possibility has not been disproved. The Animal and
Plant Health Inspection Service is directed to use existing
funds to provide assistance to States for containment of this
disease taking into consideration the potential risk to captive
species, including those for which science has not established
that disease transmission will not occur. Such assistance
(including funds of the Commodity Credit Corporation) should
include diagnostic testing, field operations, and such support
as deemed necessary and proper, including improvement of State
capabilities to respond to this disease.
Food Safety and Inspection Service
2002 appropriation to date.............................. $730,642,000
2002 supplemental estimate..............................................
Committee recommendation................................ 15,000,000
The Committee recommends $15,000,000 to the Food Safety and
Inspection Service for enhanced international oversight
activities related to meat and poultry product imports, through
fiscal year 2003. The Committee is aware the agency has not
allocated the full amount transferred from the emergency
response fund as provided by Division B of the fiscal year 2002
Defense Appropriations Act, and directs that $2,570,000 held in
contingency funds be used to meet ongoing requirements related
to physical security, education and training, technical
assistance, and expanded laboratory capabilities. The Committee
expects the Secretary to notify the Committee within 30 days of
enactment of plans to allocate and obligate these funds. The
entire amount appropriated has been designated as an emergency
requirement pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
Office of the Under Secretary for Farm and Foreign Agricultural
Services
The Committee is concerned by conclusions of the
Administration's Food Aid Review that all USDA food aid
activities should be limited to Government-to-Government
assistance for Food for Progress and Section 416 programs, that
arbitrary limitations should be placed on monetization under
Title II of Public Law 480, and that the Commodity Credit
Corporation purchases of surplus commodities should end. The
Committee expects these limitations not to apply to Public Law
480 Title II nor to USDA participation in these programs in
order to assure more effective program management and to
provide for proper response to emergency conditions.
Natural Resources Conservation Service
WATERSHED REHABILITATION PROGRAM
The Committee does not recommend cancellation of $9,000,000
for the Watershed Rehabilitation Program as proposed by the
President.
Watershed and Flood Prevention Operations
2002 appropriation to date..............................................
2002 supplemental estimate..............................................
Committee recommendation................................ $100,000,000
The Committee recommends $100,000,000 for recovery
operations of the Emergency Watershed Protection Program for
all identified needs relating to storms, floods, fires, and
other natural disasters. Of this amount, $73,000,000 is
provided absent an emergency designation pursuant to the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, and the Committee directs that these funds be used for
recovery activities related to disasters occurring during
fiscal year 2002, up to and including flooding in Illinois,
Kentucky, Michigan, Virginia, and West Virginia in May of this
year, that have been identified as of May 22, 2002.
Rural Community Advancement Program
2002 appropriation to date.............................. $806,557,000
2002 supplemental estimate..............................................
Committee recommendation................................ 25,000,000
The Committee recommends $25,000,000 to the Rural Community
Advancement Program for activities related to homeland security
and protection of rural water supply. Of this amount, up to
$5,000,000 shall be used to contract with qualified
organization to conduct a national vulnerability assessment of
rural community water systems, including related technical
assistance and providing a report to the Committee by December
31, 2002. The remaining funds shall be used to provide grants
for upgrading security of rural water systems with priority
given to current borrowers in the Rural Utilities Service. The
Committee expects the Secretary to consider adequate security
measures in all future obligations of water loans and grants.
The Committee also expects the Secretary to notify the
Committee within 30 days of enactment of plans to allocate and
obligate these funds and to provide further information upon
completion of the vulnerability assessments. The entire amount
appropriated has been designated as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985, as amended.
Rural Utilities Service
Local Television Loan Guarantee Program Account
(Including Rescission)
The Committee recommends bill language making $20,000,000
under this heading available until expended.
Food and Nutrition Service
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
(WIC)
2002 appropriation to date.............................. $4,387,000,000
2002 supplemental estimate.............................. 75,000,000
Committee recommendation................................ 75,000,000
The Committee recommends $75,000,000 for the Women,
Infants, and Children Program (WIC). These funds are to
supplement program funding due to rising caseload requirements,
and the Committee expects these funds to be made available to
the States within 15 days of enactment. The President proposed
$75,000,000 for this purpose.
Food Stamp Program
(Rescission)
The Committee rescinds $33,000,000 of funds made available
in prior years for the Food Stamp Employment and Training
program.
COMMODITY ASSISTANCE PROGRAM
The Committee is concerned that several States which
received funding for the Senior Farmers' Market Nutrition
Program in fiscal year 2001 have been denied funding in fiscal
year 2002. The Committee reminds the Secretary of congressional
directives to use funds of the Commodity Credit Corporation to
supplement appropriated funds for this program and expects that
any additional funding made available in fiscal year 2002 be
awarded to ensure that all States that participated in the
program in fiscal year 2001, and have submitted an application
for the program for fiscal year 2002, will receive funding for
the current year. The Secretary is directed to allocate all
additional funds within 30 days of the date upon which such
funds may become available.
GENERAL PROVISIONS, THIS CHAPTER
The Committee recommends bill language to provide
assistance to water users along the Rio Grande River, in part,
to compensate for unmet obligations pursuant to the Treaty
Relating to the Utilization of Waters of the Colorado and
Tijuana Rivers of the Rio Grande, and Supplementary Protocol.
CHAPTER 2
Subcommittee on Commerce, Justice, and State, the Judiciary, and
Related Agencies
DEPARTMENT OF JUSTICE
Homeland Security
Critical Infrastructure Protection
Terrorist Organizations continue to improve their
capabilities to use computer systems and networks, including
the Internet, for command, control, intelligence gathering, and
communications purposes, as well as for actual weapons.
The Internet represents a cheap, anonymous, ubiquitous
transmission medium which, in direct contrast to a telephone
call, can reach many, many individuals at once. Terrorist
groups are increasingly using these new forums to formulate
plans, raise funds, spread propaganda, and engage in secure
communications. In his statement on the worldwide threat in
2000, CIA Director George Tenet testified that terrorist
groups, ``[i]ncluding Hizballah, Hamas, the Abu Nidal
organization, and Bin Laden's Al-Qaeda organization are using
computerized files, e-mail, and encryption to support their
operations.'' In one example, convicted terrorist Ramzi Yousef
stored detailed plans to destroy U.S. airliners on encrypted
files on his laptop computer.
Perhaps even more troublesome is the growing movement of
terrorist organizations toward targeting and attacking the
Internet and the computers it connects. Cyber terrorism--which
means the use of cyber tools to shut down critical national
infrastructures for the purpose of coercing or intimidating a
government of civilian population--is clearly an emerging
threat. Our society has come to rely upon computer systems for
our daily lives, such as life supporting utilities,
transportation systems, and financial systems. Evidence clearly
indicates that major terror groups are now training their
members in the methods of attacking computer systems like those
above and are gathering the tools and knowledge to do so.
The Committee recommendation therefore includes an
additional $104,400,000 to combat cyber terrorism. Of that
amount, $55,700,000 shall be for the Department of Justice and
$48,700,000 shall be for the Department of Commerce. The
details of these initiatives are discussed in detail below.
Systems Interoperability
Successful and effectual law enforcement at the Federal,
State, and local levels is dependent upon efficient
communication and data sharing. The need for interoperable
communications and data systems became clear on September 11,
2001, when police, fire, and EMS personnel from multiple
jurisdictions were called to respond to the World Trade Center
and Pentagon attacks in New York and Virginia. First
responders, attempting to act expeditiously to save lives,
found themselves unable to communicate with other emergency
personnel because of the use of different communications
systems and radio frequencies.
Law enforcement at all levels is also hampered by its
inability to share information via different computer and
communication systems. The Immigration and Naturalization
Service and the Federal Bureau of Investigation are among the
many Federal agencies that have an array of systems containing
data that is not available to users in a comprehensive,
reliable and secure fashion. Bringing together data to a user
at a single point of access and in a single session will result
in better information to support the mission of these agencies.
The process to accomplish that is complex, and neccesitates
infrastructure investments.
This bill includes $5,000,000 for the planning and design
of an interoperable law enforcement and intelligence electronic
data system (``Chimera system'') for the Immigration and
Naturalization Service, $80,000,000 for the COPS Office to
provide grants to State and local agencies to fund
interoperable communications systems and $5,000,000 for the
National Institute of Standards and Technology to establish
standards for interoperable equipment used by State and local
agencies.
Preparedness
The events of September 11, 2001 have required the United
States to significantly expedite the process that was underway
before the terrorist attacks, of crafting our future leadership
to counter the threat of terrorism. Responsibility for
developing our national security policy belongs to the
President. However, it is the responsibility of the Congress to
provide the means to implement that policy. Whoever is
responsible for managing this Nation's activities to combat
terrorism must be accountable to the American people. Congress
and the Executive Branch must together develop a systematic and
synchronized strategy that will achieve sustainable Federal,
State, and local cooperation on domestic terrorism issues.
Ensuring that State and local jurisdictions have the
ability to detect, prevent, and respond to a terrorist attack
should be this Nation's first priority in the war on terror.
The Committee recommendation continues to reflect that our
State and local first responders are our first priority. First
responders are the first to arrive on scene when a terrorist
attack occurs and must be prepared to perform crisis and
consequence management roles at least as well as their Federal
counterparts. Recognizing this, the Committees on
Appropriations in 1997 directed the Attorney General to
formulate an implement a 5-year interagency counterterrorism
plan, which was meant to serve as the baseline for an eventual
National strategy.
In 1998, the Department of Justice with the support of the
Committee created the National Domestic Preparedness Office
(NDPO) within the FBI. This office was intended to serve as the
single point of contact within the Federal Government for State
and local first responders. The Department at the time did not
take this initiative seriously, and refused to transfer funds
or authorize adequate numbers of detailees to NDPO, or to fill
positions on NDPO's State and Local Advisory Group (SLAG).
Due to the Department's ambivalence toward NDPO, the
Committee instead focused resources on the Office of State and
Local Domestic Preparedness (OSLDPS) within the Department's
Office of Justice Programs (OJP). The role of the OSLDPS, now
known as the Office of Domestic Preparedness (ODP), has
necessarily expanded over the last 5 years to include
stewardship of domestic preparedness equipment grants, the
training consortium, and the national exercise program.
Through ODP, the Committees on Appropriations have
appropriated nearly $1,100,000,000 since fiscal year 1998 for
State and local jurisdictions, with a special emphasis on major
metropolitan areas. Funding for State and local preparedness
has increased from $5,000,000 in fiscal year 1997 to
$603,000,000 in fiscal year 2002. Since 1997, more than
$410,000,000 in equipment grants has been provided for the
States.
In order to ensure that these funds are used effectively,
the Committees on Appropriations in 1999 required States to
develop a State-wide terrorism response strategy prior to
receiving equipment grants. With the encouragement of the
Attorney General, 48 of these Statewide Strategies have been
submitted and approved by ODP. Recognizing the importance of
establishing equipment standards for the safety of our first
responders, the Committee has set aside approximately
$33,000,000 since 2001 specifically for this purpose.
Recognizing the need to substantially increase the number
of law enforcement officials, firefighters, and emergency
medical personnel trained to respond to a weapons of mass
destruction (WMD) event, the Committees on Appropriations in
1999 created the National Domestic Preparedness Consortium
(NDPC) under ODP. NDPC's mission is to develop, test, and
deliver training to State and local emergency responders. Each
of the current training centers brings a different expertise to
the program. Approximately 8,000 first responders were trained
through the NDPC last year alone. Prior to September 11, 2001,
ODP had trained 8,000 New York first responders. Since
September 11, ODP has trained an additional 11,000 New York
City first responders.
In fiscal year 2000, the Committees on Appropriations
created and funded the Prepositioned Equipment Program, in
which critical equipment is placed in strategic locations
throughout the United States to maximize coverage. The
equipment ``pods'' are housed at secure locations and are
available for use by communities should they have need. First
responders are trained through the NDPC in the use of these
equipment pods. The response time for the arrival of the pod to
any locality within a 250-mile radius is 3 to 5 hours.
Under the direction of the Committee, ODP has developed an
aggressive exercise program, having conducted an estimated 50
regional and local exercises nationwide between December 2000
and September 2001. In 1998, the Committee directed ODP to
conduct the largest counterterrorism exercise in United States
history. It was a no-notice exercise, occurring at three
simultaneous locales and involving three different types of
weapons of mass destruction: biological, chemical, and
radiological. The Committee named the exercise TOPOFF to
signify the participation in a live exercise of the
government's top officials for the first time in history.
The Committee has long supported increased capacity for
research and development (R&D) aimed at combating terrorism.
The focal point for terrorism-related R&D is the National
Institute of Justice (NIJ) under OJP. Since 1998, NIJ has
directed approximately $150,000,000 specifically towards
terrorism-related research and development. This funding is in
addition to the considerable funding provided for the research,
development, testing, and evaluation of law enforcement
technologies that are also used to fight terrorism.
The Committee recommendation demonstrates its continued
commitment to the Office of Domestic Preparedness. The
Committee will continue to support this Office as it has in the
past. The Committee does not support the proposal to transfer
this Office's responsibilities to a new untested office. The
transfer of the Office of Domestic Preparedness' programs would
create unacceptable vulnerabilities at a time of unprecedented
threat to our National security. The Committee continues to
support the Federal Emergency Management Agency's role in
responding to natural disasters and in consequence management
for acts of terrorism. Grants for terrorism preparedness should
continue to be managed by ODP. As the Attorney General has
said, ``Preparedness is our first priority''.
General Administration
Salaries and expenses
2002 appropriation to date.............................. $97,668,000
2002 supplemental estimate.............................. 5,750,000
Committee recommendation................................ 186,550,000
The recommendation includes $186,550,000 for Salaries and
Expenses for General Administration. This recommendation is
$180,800,000 above the request.
Ident/IAFIS.--Of this amount, $5,750,000 shall be for the
Automated Biometric Identification System/Integrated Automated
Fingerprint Identification System (IDENT/IAFIS) integration
project within the Department of Justice. These funds will
provide for the deployment of IDENT/IAFIS capabilities to 30
additional ports of entry so that the Immigration and
Naturalization Service (INS) inspectors may conduct rapid-
response criminal background checks of suspect aliens prior to
their admission to the United States. This project is intended
to support the apprehension and prosecution of criminal aliens
by providing the INS with the capability to determine whether
an apprehended person is the subject of a currently posted
Want/Warrant or has a record in the FBI's Criminal Master File.
The Committee understands that the actual integration of
the IDENT and IAFIS systems may require up to 5 years and may
have profound cost implications. JMD is directed to provide the
Committees on Appropriations biannual progress reports on the
deployment and integration of IDENT/IAFIS capabilities. Those
reports should also review the potential relationship between
IDENT/IAFIS capabilities and other biometric technology efforts
in the Department in order to promote efficiency and avoid
duplication.
Chimera.--The Committee is aware that the ``Enhanced Border
Security and Visa Entry Reform Act of 2002'' authorized the
creation of an ``interoperable law enforcement and intelligence
data system'' for the Immigration and Naturalization Service
[INS]. This system, referred to as ``Chimera'', is envisioned
as a clone of Trilogy, the Federal Bureau of Investigation's
[FBI] computer modernization program. In an effort to not
repeat past mistakes, the FBI is directed to make a formal
presentation to both the Justice Management Division [JMD] and
the Appropriations Committees on lessons learned from Trilogy
not later than June 1, 2002.
The Committee recommendation provides $5,000,000 for the
definition of scope and deliverables for the Chimera program.
JMD will be responsible for managing Chimera. To the degree
prudent, the Chimera program must: (1) leverage commercial-off-
the-shelf software, (2) piggyback on past INS, Justice, and
Federal Government information technology [IT] investments, and
(3) quickly identify and dismantle or migrate legacy systems
that have reached the end of useful service life or are of
marginal value to the execution of core INS missions. To that
end, JMD shall undertake a comprehensive survey of existing INS
IT systems to build a definitive baseline of current
capabilities and deficiencies. The design of Chimera's
architecture should build directly upon this foundation.
Prior to the next phase of investment in Chimera, JMD shall
brief the Committees on Appropriations on: (1) current INS IT
systems capabilities and shortcomings, (2) opportunities to
leverage technical solutions developed, or lessons learned, by
other Federal agencies and private industry, (3) program
priorities designed to maximize INS performance as quickly as
possible, and (4) a projected schedule, with modular and
measurable milestones, and costs, by fiscal year.
Reorganization.--Last year, the Committee approved
legislation which allowed the Attorney General the time to
create an organizational structure within the Department of
Justice that would provide for better management of the
Department's efforts to combat terrorism. The Committee
recommends the immediate creation of a Principal Associate
Deputy Attorney General for Combating Terrorism (PADAG-CT) upon
enactment of this Act.
The PADAG-CT shall have as its primary duty the overall
coordination and implementation of Department of Justice policy
aimed at preventing, preparing for, and responding to terrorist
attacks within the United States. This person will be directly
responsible to the Attorney General and the Deputy Attorney
General. The PADAG-CT will coordinate Department of Justice
efforts with localities across the country, all of the States
and territories, and all of the appropriate Federal agencies
and departments. Subject to the discretion of the Attorney
General and the Deputy Attorney General, the PADAG-CT will
speak for the Department of Justice on all matters relating to
terrorism.
The National Security Coordination Council (NSCC) proposed
by the Department, shall be under the purview of the PADAG-CT.
The PADAG-CT will centralize and coordinate policy, resource
allocation, operations, and long-term planning of the
Department's components regarding counterterrorism, counter-
espionage, and other major national security issues; monitor
the implementation of Department policy to ensure that
components are taking all necessary and appropriate actions to
prevent and disrupt the occurrence of terrorist attacks in the
United States; and provide an institutionalized Department
forum for crisis management;
The PADAG-CT will promote coordination and information
sharing within the Department, between the Department and other
Federal agencies and interagency bodies, and between the
Department and State and local law enforcement authorities, to
prevent, prepare for and respond to terrorist attacks within
the United States; frame national security issues for
resolution by the Deputy Attorney General or the Attorney
General; and ensure that positions advanced by the Deputy
Attorney General on behalf of the Department at interagency
meetings of the National Security Council, the Homeland
Security Council, and other interagency forums reflect input
form the Department's national security components.
The PADAG-CT duties will include analyzing risk and
vulnerability assessments to ensure that funding is justified
and targeted to areas of the United States most in need. The
PADA-CT shall aim to provide a minimum standard of protection
across the United States and provide the maximum standard of
protection in areas where the threat is determined to be high.
Also, the PADAG-CT will be responsible for ensuring that
critical information is shared with the States and localities,
and that first responders have the security clearances
necessary to access that information. Finally, the PADAG-CT
must develop and implement a long-range plan for the Department
that is consistent with the President's forthcoming National
Strategy.
The PADAG-CT will be nominated by the President and
confirmed by the Senate. It shall be the responsibility of the
PADAG-CT to select, appoint, and determine the compensation of
personnel to carry out his or her office's responsibilities.
The Committee recommends $2,000,000 for the PADAG-CT to set up
this office and to carry out the responsibilities described in
this Act.
The Office of Domestic Preparedness (ODP) will immediately
be transferred to the PADAG-CT upon enactment of this Act. The
ODP will continue to administer equipment grants, and to
deliver training, and exercises programs, and generally to
manage the Department's preparedness activities. However, the
PADAG-CT, through ODP, will be responsible for the programmatic
development of these grant programs and will have final
approval authority. The Committee also directs that certain
other National security policy entities within the Department
of Justice shall report to the PADAG-CT, including the
Executive Office of National Security. Finally, funding for
terrorism-related research, development, testing, and
evaluation (RDT&E) programs within the Department of Justice
will pass through the National Institute of Justice (NIJ) with
decision making authority by the PADAG-CT as to how these funds
will be spent.
The Committee is aware that a number of task forces have
been created within the Department to address the issue of
terrorism. The Committee directs that the PADAG-CT shall have
responsibility for coordinating the work of the Joint Terrorism
Task Forces, the Foreign Terrorist Tracking Task Force, and the
Anti-Terrorism Task Forces.
Budget approval.--The Committee directs the PADAG-CT to
develop for each fiscal year a Department-wide budget for
combating terrorism. This should be done in consultation with,
and with the approval of, the Office of Homeland Security.
In addition, the Committee recommends $173,800,000 for the
Office of Domestic Preparedness (ODP), within the newly created
Office of the Principal Associate Deputy Attorney General for
Combating Terrorism. The Committee directs that ODP continue to
utilize the grants management, financial, and auditing services
of the Office of Justice Programs where relevant in the
administration of its program.
The Committee directs that the ODP submit a formal
reimbursable agreement to the Office of Justice Programs no
later than 45 days after the enactment of this Act which
outlines the services required of the Office of Justice
Programs for the successful administration of this program.
Furthermore, the ODP should forward a copy of the reimbursable
agreement to the Committees on Appropriations at the time that
it is sent to the Office of Justice Programs. A final plan
outlining the intended administration of the ODP grant programs
should be provided to the Committee no later than 60 days after
the enactment of this provision. Within the amounts provided
following programs are recommended:
Security clearances.--The Committee recommends $1,300,000
to conduct the required investigations and provide security
clearances to State and local first responders. Consideration
of these clearances will be determined based on the State's
approved Department of Justice 3 year State Domestic
Preparedness Strategy and their needs. These funds are provided
to ODP but shall pass through to the FBI on a cost
reimbursement basis. Each State shall have no more than six
people with the appropriate clearances needed to allow real-
time dissemination of classified information. The requested
amount for turnover is not approved.
Training.--The Committee directs ODP to expand the National
Domestic Preparedness Consortium (NDPC), which to date has
trained over 100,000 first responders, to provide additional
training to the Nation's first responder community. Of the
funds provided, the Committee recommends that $48,000,000 be
provided to establish four new NDPC training centers. Within
this amount, $12,000,000 is provided to establish each new
center.
The Committee is aware of concerns that there are
redundancies in the training programs currently being
conducted. The Committee directs ODP to survey all applicable
training programs and report to the Committee on what training
is taking place and what changes should be made to ensure that
all Federal training is coordinated. This report should be
provided to the Committees on Appropriations no later than
August 31, 2002.
Homeland Security Workshops.--The Committee urges the
Office of Domestic Preparedness to work with the Office of
Homeland Security and other Federal Departments and agencies to
create a public/private partnership to promote the
implementation of the National Homeland Security strategy by
conducting a series of regional Homeland Security workshops
including Federal, State, and local governments and the private
sector. These workshops would be held in each of the 10 major
Federal regions to share information and develop coordinated
procedures and best practices among the governments and
businesses to ensure safety and security.
Equipment programs.--The Committee supports ODP's
Prepositioned Equipment (POD) Program which includes sets of
pre-positioned equipment designated to be deployed immediately
to the scene for use by first responders. The Committee directs
ODP to continue to work closely with manufacturers and State
and local officials to identify and select the equipment that
is included in these pods. This effort should improve existing
methods of providing information going to communities regarding
what equipment is available. To expedite the planned deployment
of the next five caches, $20,000,000 is recommended for this
program.
Equipment grant program.--The Committee recommends
$65,000,000 for equipment grants to be administered by ODP. The
purpose of this program is to provide funding quickly and
easily to enhance the capacity of State and local jurisdictions
to respond to and mitigate the consequences of incidents of
domestic terrorism. The Committee is aware that, in the past,
certain impediments have existed to the timely and effective
movement of Federal funding to State and local jurisdictions.
The Committee expects that the Department, in cooperation with
State and local entities, will refine ODP's grant-making system
to expedite and facilitate the delivery of funds and services
to State and local jurisdictions, while at the same time
ensuring accountability for those funds.
The Committee does not support the concept of requiring
State and local jurisdictions to ``match'' Federal grants
provided to them. The Committee believes that such a
requirement would create more paperwork than local fire, law
enforcement, medical, and emergency management personnel are
prepared to handle at a time when their services and vigilance
are needed elsewhere. In addition, a significant financial
auditing process within ODP would be required to ensure
compliance with this matching requirement, the cost of which
might well exceed the projected savings to the Federal
Government.
Interagency board (IAB).--The IAB was established by the
Justice Department in 1999 to advise and make recommendations
to the Attorney General on matters concerning equipment and
standards. ODP has participated in the IAB since its inception.
The IAB is comprised of representatives from State and local
jurisdictions, relevant Federal agencies, and a variety of
public safety disciplines. The Committee directs the IAB to
survey all agencies that are undertaking standardization
efforts and report to the Committee on what is being done and
what changes should be made to make sure that equipment
standardization efforts are coordinated. This report should be
provided to the Committees on Appropriations no later than
October 31, 2002.
WMD exercises.--The Committee recommends $34,000,000 to
address the immediate needs of State and local first
responders. Prior to September 11, 2001, ODP estimated that
more than 2,500 State and local jurisdictions needed to conduct
WMD exercises to practice and evaluate their response
capabilities. Many States now face serious budget shortfalls
and Federal funding is necessary for them to conduct and
participate in WMD exercises. Within this amount, $4,000,000 is
recommended to facilitate State and local participation in
TOPOFF II.
Mutual aid agreements.--The Committee commends ODP for
encouraging and assisting jurisdictions in their efforts to
coordinate their response plans locally, State-wide, and
regionally. ODP has done this by ensuring that its training,
equipment, technical assistance, and exercise programs support
and reinforce the use of mutual aid agreements (MAAs) and
emergency management assistance compacts (EMACs). Many State
and local governments and private entities have demonstrated
commendable foresight and initiative by formulating such
agreements. Such agreements lay out the terms and conditions
under which jurisdictions, agencies, and entities, both private
and public, provide assistance to each other in the event of a
disaster.
ODP's initiatives in this area have sought to augment
overall response capability by integrating the combating
terrorism capabilities of multiple jurisdictions, agencies, and
entities at the Federal, State, and local (FSL) levels. The
Statewide Three-Year Domestic Preparedness Strategies and
annual State Assistance Plans (SAP) integrate MAA and EMAC
agreements. The TOPOFF exercise series was designed
specifically to exercise integrated FSL crisis and consequence
management capabilities, including MAAs and EMACs.
TOPOFF 2000, conducted in May of 2000, included activation
of the Northeast States Emergency Consortium (NESEC), which
included the States of Connecticut, Maine, Massachusetts, New
Hampshire, New Jersey, New York, Rhode Island and Vermont, as
well as mutual aid agreements for participating communities
throughout the region. TOPOFF 2000 capitalized on strong
mutual-aid relationships and NESEC's development, promotion,
and coordination of natural disaster and emergency management
activities throughout the Northeast Region.
While the benefits of agreements like MAAs and EMACs are
apparent, the Committee acknowledges that there are also
potential drawbacks associated with them. For example, in a
disaster of catastrophic proportions, multiple jurisdictions
could be overwhelmed simultaneously, making assistance between
jurisdictions impossible. Such contingencies are routine
considerations in the ODP-assisted planning of these
agreements, as they are in the ODP-administered training,
equipment, and exercise programs.
The Committee recommends that, of the funds provided,
$5,000,000 be utilized to conduct a nationwide assessment of
State and local mutual aid agreements to identify the key
components of well-coordinated and effective mutual aid and to
produce a best practices guide to assist State and local
governments in developing their mutual aid agreements.
After action review.--The Committee recommends that of the
funds provided, $500,000 be utilized to conduct a
comprehensive, in-depth After-Action Review of the September
11, 2001 attack on the World Trade Center using reviews that
are already underway or completed as a baseline. The purpose of
the review is to identify critical lessons for first responder
terrorism preparedness. First responders, just like the Federal
agencies must have the opportunity to learn from the tragic
events of September 11, 2001.
Communications equipment interoperability.--The Committee
recognizes that communications interoperability among
responders from the local to the Federal level is critical to
our ability to prevent and respond to terrorist incidents. The
Committee is aware that there is an ongoing effort coordinated
by the Office of Management and Budget (OMB) called the e-
Government Wireless Networks Initiative, or ``SAFECOM''. The
Committee supports this and other ongoing interoperability
initiatives and notes that ODP has been on the forefront of
this important issue since its inception in 1996.
The Office of Domestic Preparedness, the National Institute
of Justice, and the Office of Science and Technology, are
currently managing the $20,000,000 development of the Capital
Wireless Integrated Network (CapWIN), a text messaging
information system being developed for the Washington, D.C.
metropolitan area. This network is being established as a
``model program'' that cuts across city and State boundaries.
ODP has also played an integral role in the evaluation of the
ACU 1000 and the development of early warning test beds and
communications infrastructure for events involving chemical,
biological, radiological, nuclear, and explosive (CBRNE)
weapons. The Committee urges ODP to formalize such efforts
under the auspices of the PADAG-CT.
Funding summary
PADAG-CT................................................ $2,000,000
========================================================
____________________________________________________
Security clearance for 6 persons per State (FBI)........ 1,300,000
Training................................................ 48,000,000
Domestic Preparedness Equipment Grant program........... 85,000,000
POD Expansion....................................... [20,000,000]
Formula equipment program........................... [65,000,000]
Exercises............................................... 34,000,000
TA/Evaluation........................................... 5,500,000
Mutual Aid Assessment................................... [5,000,000]
WTC After-action Report................................. [500,000]
--------------------------------------------------------
____________________________________________________
Total............................................. 173,800,000
Legal Activities
Salaries and expenses, united states attorneys
2002 appropriation to date.............................. $1,410,338,000
2002 supplemental estimate..............................................
Committee recommendation................................ 5,200,000
Prosecuting cybercrime/terrorism.--The general
unfamiliarity of the public with even the most basic aspects of
how computers work and what they are capable of makes
prosecuting cyber criminals and terrorists particularly
challenging. Juries are overwhelmed by the jargon and
intricacies of surfing the Web. Fortunately, the U.S. Attorneys
have developed a low cost suite of computers and audio/visual
equipment for the courtroom that will prove invaluable in
demonstrating to juries how a cyber attack was launched and the
damage it caused. The Committee recommendation includes
$5,200,000 for courtroom technology.
Salaries and Expenses, United States Attorneys
(RESCISSION)
The Committee recommends a rescission of $7,000,000 from
the unobligated balances available in the ``Salaries and
Expenses, United States Attorneys'' account as provided in
Public Law 107-77. The funds are in excess of known
requirements.
Salaries and Expenses, United States Marshals Service
(Rescission)
2002 appropriation to date.............................. $643,896,000
2002 supplemental estimate..............................................
Committee recommendation................................ -2,100,000
The Committee recommends a rescission of $2,100,000 from
the unobligated balances available for the Training Academy in
the ``Salaries and Expenses, United States Marshals Service''
account. The funds are in excess of known requirements.
Federal Bureau of Investigation
Salaries and expenses
2002 appropriation to date.............................. $4,236,073,000
2002 supplemental estimate.............................. 10,000,000
Committee recommendation................................ 75,500,000
The Committee recommendation does not include $10,000,000
requested for emergency funding for the Foreign Terrorist
Tracking Task Forces (FTTTF). The Committee has provided
another source of funding for the FTTTF under General
Administration.
Cybercrime/terrorism.--Cyber criminals and terrorists are
increasingly gaining the ability to disrupt the world's
commerce and communications by attacking our computer networks
and systems. The Committee recommendation includes a number of
initiatives to maintain our technological edge over these cyber
terrorists:
--Research and development: The Committee is aware that the
Special Technologies and Applications Unit (STAU) of
the National Infrastructure Protection Center has a
long list of unfunded research and development projects
designed to detect and disrupt cyber attacks or
identify their perpetrators, including proposals for
``Automated Techniques to Identify Terrorist
Networks'', ``Dealing with Imperfect Identities or
Links'', and ``Arabic Language Translation Tools''. The
Committee recommendation includes $19,400,000 for the
STAU to undertake the highest priority research and
development projects.
--Patterns and practices: Money is an essential element of
cybercrime, and particularly cyberterrorism. White
Collar Crime squads have become expert in tracking fund
raising activities, financing, and transactions,
computer and otherwise, that may precede a cyber
attack. The Committee recommendation includes
$8,000,000 for equipment, advanced training, and other
operational costs for White Collar Crime squads in high
cyber threat locations.
--Data mining and information sharing: Phase II of Trilogy
development is the migration of existing (``legacy'')
FBI databases to the Trilogy enterprise data base and
the expansion of the network to include other law
enforcement and intelligence agencies. Only when Phase
II is complete will the full promise of Trilogy be
achieved: sophisticated data mining of all databases to
reveal non-obvious relationships, the results
immediately available to the myriad of agencies
responsible for combating cybercrime and terrorism. The
Committee recommendation includes $30,000,000 for the
Information Resources Division to continue to pursue
its data warehousing and collaborative capabilities
initiatives.
--Cyber autopsies: Once a cyber criminal or terrorist network
has been taken down, it is up to Computer Analysis and
Response Team (CART) personnel to dissect the computer
components and reveal the data and activity logs hidden
within. Prosecutions turn on the ability of CART team
members to extract proof of criminal activities hidden
deep within hard drives. The Committee recommendation
includes $3,100,000 for CART equipment, advanced
training, and other operational costs.
In addition, the recommendation includes $7,500,000 for
collaborative capabilities, $7,500,000 for digital storage and
retrieval of documents, $3,400,000 out of existing funds for
the costs associated with the operations and maintenance of the
National Integrated Ballistics Information Network, and
$21,000,000 out of existing funds to upgrade the information
technology infrastructure at Legal Attache offices.
The FBI has Legal Attache offices all over the world. Since
1940, the FBI has slowly expanded its presence overseas. While
the FBI has made numerous cases to justify its consistent
expansion over the past 60 years, very little effort has been
made to monitor and evaluate the needs of these offices after
they have been opened. The FBI is directed to submit a report
to the Committee that provides the productivity level,
workload, and mission for each existing Legal Attache office no
later than August 15, 2002. The report shall include a review
and rightsizing proposal for each of the Legal Attache offices
to ensure that the most urgent needs are being met with the
limited resources available.
The FBI is directed to submit a spending plan for the
entire amount provided under this heading, subject to section
605 reprogramming requirements of Public Law 107-77 prior to
obligating any of these funds.
Sharing of risk and threat assessments.--The Committee is
aware of the need to better inform State and local first
responders. The Committee directs the Bureau to provide a plan
to the Committee no later than August 31, 2002 on how it will
improve its capability for disseminating needed information to
State and local first responders.
Drug Enforcement Administration
Violent crime reduction programs
(Rescission)
2002 appropriation to date..............................................
2002 supplemental estimate..............................................
Committee recommendation................................ -$13,000,000
The Committee recommends a rescission of $13,000,000 from
the unobligated balances available in the ``Drug Enforcement
Administration, Violent Crime Reduction Programs'' account.
These funds represent prior year recoveries and are in excess
of requirements.
Immigration and Naturalization Service
Salaries and expenses
2002 appropriation to date.............................. $3,821,240,000
2002 supplemental estimate.............................. 35,000,000
Committee recommendation................................ 35,000,000
The Committee recommendation includes $35,000,000 for
salaries and expenses for INS. The amount recommended is
identical to the supplemental budget request.
The Committee does not recommend the supplemental budget
request to sustain the Immigration User Fee Account. The
Committee is aware that the INS will be unable to spend these
funds in a timely fashion. The Committee is also aware that the
INS received $449,000,000 in Emergency Spending for fiscal year
2002 and had obligated none of these funds as of February 28,
2002. Should additional funds be needed to supplement the User
Fee Account, the INS shall submit a reprogramming request for
the transfer of previously provided emergency funds to the User
Fee Account.
Rather, the Committee recommendation includes $35,000,000
for fleet management. INS, and particularly the Border Patrol,
is facing a vehicle crisis. The Border Patrol is forced to run
its vehicles to failure rather than replace them on a
reasonable replacement cycle. Properly equipping border patrol
agents is essential to protect our borders and to ensure
homeland security.
Construction
2002 appropriation to date.............................. $228,054,000
2002 supplemental estimate..............................................
Committee recommendation................................ 84,000,000
The Committee recommends an appropriation of $84,000,000
for construction for INS. This is $84,000,000 above the
President's request.
As the INS continues to hire personnel at an exponential
rate to ensure the safety of our borders, the INS must be able
to provide adequate facilities to house them. The Committee
understands that the INS has a current backlog of over
$1,500,000,000 for facility construction, renovation, and
maintenance INS-wide.
The Committee recommendations by project are displayed in
the following table:
INS Construction
[In thousands of dollars]
Committee
Border Patrol: Recommendation
New Construction:
Massena, NY--Border Patrol Station.................... 1,100
Blaine, WA--Border Patrol Station..................... 500
Oroville, WA--Border Patrol Station................... 1,100
Calais, WA--Border Patrol Station..................... 1,300
Van Buren, ME--Border Patrol Station.................. 200
Grand Rapids, MI--Border Patrol Station............... 200
Jackman, ME--Border Patrol Station.................... 200
St. Mary's, MT--Border Patrol Housing................. 3,400
Bonners Ferry, ID--Border Patrol Station.............. 1,000
Ramey, PR (Bldg. 723)--Border Patrol Station-SH....... 1,400
Brownfield, CA (Lead Mitigation) Supt. Bldgs--Border
Patrol Station-SH................................... 3,000
Douglas, AZ--Border Patrol Station.................... 1,000
El Centro, CA--Border Patrol Station.................. 17,000
Campo, CA--Border Patrol Station...................... 6,800
Tucson, AZ--Border Patrol Station-SH.................. 36,870
--------------------------------------------------------------
____________________________________________________
Subtotal............................................ 75,070
==============================================================
____________________________________________________
Lease Acquisition:
Sault Ste. Marie, MI--Border Patrol Station........... 3,130
Colville, WA--Border Patrol Station................... 3,000
Trenton, MI--Border Patrol Station.................... 2,800
--------------------------------------------------------------
____________________________________________________
Subtotal............................................ 8,930
--------------------------------------------------------------
____________________________________________________
Total, INS Construction............................. 84,000
Federal Prison System
buildings and facilities
(rescission)
2002 appropriation to date.............................. $813,552,000
2002 supplemental estimate..............................................
Committee recommendation................................ -30,000,000
The Committee recommends a rescission of $30,000,000 from
the unobligated balances available under the heading
``Buildings and Facilities''.
Office of Justice Programs
Election Reform Grant Program
2002 appropriation to date..............................................
2002 supplemental estimate..............................................
Committee recommendation................................ $450,000,000
The Committee recommends $450,000,000 for the Office of
Justice Programs to establish an election reform grant program
as authorized by H.R. 3295, the Martin Luther King, Jr. Equal
Protection of Voting Rights Act of 2002, as amended and passed
by the Senate on April 11, 2002. This amount is $450,000,000
above the budget request. Within the amount provided,
$340,000,000 is for the Federal Election Reform Incentive Grant
Program, $10,000,000 is for the Protection and Advocacy
Services Grant Program, and $100,000,000 is for the
establishment of the Federal Election Accessibility Grant
Program as established by H.R. 3295, as amended and passed by
the Senate.
community oriented policing services
2002 appropriation to date.............................. $1,050,440,000
2002 supplemental estimate..............................................
Committee recommendation................................ 85,000,000
The Committee recommends $85,000,000 for the Office of
Community Oriented Policing Services (COPS) Interoperable
Communications Technology program, to be designed and
implemented by the COPS Office. This amount is $85,000,000
above the budget request. The COPS Office will need adequate
resources to implement this new program, therefore the
Committee directs that the current hiring freeze be lifted and
the Office be fully staffed. This program should address the
critical need of law enforcement to improve cross-
jurisdictional communication and information sharing. The
Committee directs the COPS Office to develop and submit to the
Committee, no later than 45 days after the implementation of
this Act, proposed guidelines for the program. Consistent with
the COPS Office's existing grant programs, the COPS
Interoperable Communications Technology program should include
a 25 percent local match requirement. COPS, Federal Emergency
Management Administration (FEMA) and the Office of Domestic
Preparedness should consult with one another to ensure that
these programs are providing compatible communications
equipment that will allow interoperability among law
enforcement, fire, and EMS departments. The Committee urges
that grants under these programs be used to purchase cost
effective cross band repeaters or other frequency or band
patching solutions, which allow agencies to make existing
communications systems interoperable. In addition, equipment
provided under these programs should be compatible with a suite
of standards called ANSI/TIA-102, or more commonly referred to
as Project 25, P-25, or APCO Project 25.
Of the amount provided for this program, $5,000,000 shall
be transferred to NIST to continue the efforts of the Office of
Law Enforcement Standards (OLES) regarding interoperability,
and $3,000,000 shell be transferred to the Bureau of Justice
Assistance to provide training and technical assistance to
grantees regarding the implementation of the equipment.
justice assistance
(Rescission)
2002 appropriation to date.............................. $837,008,000
2002 supplemental estimate..............................................
Committee recommendation................................ -4,000,000
The Committee recommends a rescission of $4,000,000 from
the unobligated balances available under the heading ``Office
of Justice Programs''. Command confusion, and the resultant
poor execution of grants, calls for a streamlining of
management and administration. These funds added to the
blurring of responsibility and lack of accountability in the
Office of Justice Programs.
DEPARTMENT OF COMMERCE AND RELATED AGENCIES
TRADE AND INFRASTRUCTURE DEVELOPMENT
RELATED AGENCIES
Office of the United States Trade Representative
Salaries and Expenses
2002 appropriation to date.............................. $30,097,000
2002 supplemental estimate.............................. 3,300,000
Committee recommendation................................................
The Committee does not recommend funding for the Office of
the United States Trade Representative. This recommendation is
$3,300,000 below the supplemental budget request.
DEPARTMENT OF COMMERCE
International Trade Administration
Operations and Administration
2002 appropriation to date.............................. $345,547,000
2002 supplemental estimate..............................................
Committee recommendation................................ 1,725,000
The Committee recommendation includes $1,725,000 for the
International Trade Administration to address system-wide
information technology deficiencies and security
vulnerabilities. The recommendation is $1,725,000 above the
supplemental budget request.
Export Administration
operations and administration
2002 appropriation to date.............................. $70,649,000
2002 supplemental estimate.............................. 8,700,000
Committee recommendation................................ 8,700,000
The Committee recommendation includes $8,700,000 for the
Export Administration.
Connectivity.--Full and timely disclosure to the White
House of both raw and analyzed intelligence by the agencies
responsible for collecting and investigating leads concerning
foreign and domestic terrorists is essential to preventing, not
just responding to, terrorist attacks. The Critical
Infrastructure Assurance Office [CIAO] has proven to be an
honest broker capable of assessing gaps in the connectivity of
Federal information technology [IT] networks and systems. The
Committee recommendation includes $8,700,000 for the CIAO to
assess the connectivity of key Federal agencies, including the
Federal Bureau of Investigation, Immigration and Naturalization
Service, the State Department, and various intelligence
agencies, with the White House, to recommend improvements, and,
as appropriate, to transfer such sums as are necessary to
agencies to develop and implement IT connectivity solutions.
The Committee directs the CIAO to deliver to the Committees on
Appropriations a report on the current state of IT connectivity
between the White House and key agencies and recommendations
for improvement not later than September 1, 2002. The Committee
further expects the CIAO to have distributed available funds to
correct the most egregious shortcomings in IT connectivity not
later than December 1, 2002. A cure plan detailing the
investment strategy for addressing these shortcomings should be
delivered to the Committees on Appropriations not later than
December 31, 2002.
Bureau of the Census
Periodic censuses and programs
(Rescission)
2002 appropriation to date.............................. $490,800,000
2002 supplemental estimate..............................................
Committee recommendation................................ -20,900,000
The Committee recommends a rescission of $20,900,000 from
the unobligated balances available in the ``Bureau of the
Census, Periodic Censuses and Programs'' account. These funds
represent prior year recoveries and are in excess of
requirements.
National Institute of Standards and Technology
Scientific and Technical Research and Services
2002 appropriation to date.............................. $680,751,000
2002 supplemental estimate.............................. 4,000,000
Committee recommendation................................ 84,600,000
The Committee recommends a total appropriation of
$84,600,000 for the National Institute of Standards and
Technology (NIST). The recommendation is $80,600,000 above the
supplemental budget request. Of this amount, $22,000,000 is for
standards development for chemical/biological/nuclear/
radioactive explosive threat detection equipment and biomedical
recognition equipment to support homeland security activities.
This amount will also strengthen security and surveillance at
the NIST neutron reactor.
The Committee recommendation includes $16,600,000 is for
equipping the Advanced Measurement Laboratory (AML). The funds
will strengthen a broad range of homeland security activities
by enabling NIST to provide the most demanding measurements and
standards in support of advanced homeland security
technologies. Advanced measurement and research equipment is
needed to ensure that the AML will become a critical tool for
NIST's development of the most advanced measurements and
standards to support homeland security.
In addition, $6,000,000 is provided for standards,
technology and practices for buildings and emergency responders
to develop and implement cost-effective safety and security of
buildings, including emergency response.
Specifically, the recommended funding will be used to
initiate a portion of critical needs in three technical areas:
(1) Improving fire resistance test methods for connections and
components in steel structures; (2) Developing performance
measures for equipment used by first responders, including
demonstration of enhancements to re-create simulation tool for
fire and smoke movement in tall buildings; and (3) Developing
guidelines and advanced technologies to reduce the
vulnerability of civilian buildings to chemical, biological and
radiological attacks.
Adequate and reliable wireless communications is an issue
affecting the state and local public safety community. The NIST
has been involved in projects working to resolve this issue for
the past 3 years. During the past 3 years, NIST's Office of Law
Enforcement Standards (OLES) has concentrated most of its
technical efforts toward a major program of the Department of
Justice, National Institute of Justice (NIJ) called the
Advanced Generation of Interoperability for Law Enforcement
(AGILE).
OLES recently completed the AGILE Strategic Plan for
developing information technology information-sharing
standards, as well as all of its accompanying documents. All
background documents for a Wireless Standards Strategic Plan
were also developed. The Strategic Plan associated with
wireless telecommunications interoperability is being finalized
by identifying the proper public safety practitioners to
represent wireless users. This finished the preparation phase
for information technology standards development, and allowed
OLES to work with public safety information technology
practitioners to develop the standards. OLES also performed a
formal technical evaluation of an audio gateway device. Labeled
a ``cross-banding technology,'' the equipment allows the
interoperation of dissimilar wireless telecommunication
systems, for example between very high frequency radios and
ultra-high frequency radios.
To further expand its efforts in interoperable
communication standards for first responders, the Committee
recommendation includes $5,000,000 to be transferred from the
Community Oriented Policy Services, Interoperable
Communications Technology program to NIST's Office of Law
Enforcement Standards. The recommended funding will provide
coordination and management in the development of the
following: (1) Public safety communications standards geared
toward solving public safety interoperability and information
sharing problems by developing and adopting NIJ standards for
voice, data, image, and video information transfers; (2)
examinations of requirements and development of standards for
interoperable communications interfaces with protective
equipment ensembles and respiratory protective equipment for
emergency first responders, in particular for firefighters and
for bomb suits; (3) Integrated approaches for automated
integration of communications infrastructure systems and
development of supporting standards, methods, and tools to
improve interoperability of these integrated systems; and (4)
sensing, perception and modeling technologies to improve the
situational awareness of first responders and help locate
victims in adverse conditions. The Committee expects NIST to
finalize these standards within 12 months of enactment of this
Act.
The Committee recommendation includes $40,000,000 for a
Cyber-Security Initiative. Critical Federal information and
systems are at grave risk to exploitation due to inadequate
security. Federal officials responsible for running large
Federal programs are making important information technology
security judgments on the basis of incomplete, irrelevant, and
inadequate information. Huge investments are being made in
building new Federal systems that will be vulnerable from ``day
one.'' Security critical information technology products that
protect critical information are configured today so they are
easily exploitable. Federal agencies are providing inconsistent
protection of sensitive information and critical systems due to
a lack of definitive, up-to-date, and comprehensive guidance.
To address this problem, the Committee recommendation
includes $30,000,000 for NIST to develop the following: (1)
unified Federal guidelines and procedures for conducting system
security certification, and a complimentary program to validate
the technical security competence of organizations that perform
these complex systems security reviews; (2) an Information
System Security Architectural Assistance capability that
agencies can draw upon to help review and improve proposed
system security architectures; (3) security benchmarks for
widely-used information technology security products and
complimentary automated tools for system administrators to
measure compliance; and (4) security guidelines in gap areas
and overhaul of outdated security guidelines to secure
sensitive Federal information technology assets.
The security of information technology system components,
key security technologies, and resulting composed systems,
cannot be scientifically measured leaving the nation with
inadequate information regarding the state of our cyber
defenses. Currently, there is no comprehensive and
scientifically rigorous methodology to test the effectiveness
of systems. For example, there are no standards for measuring
the security of intrusion detection systems or embedded systems
such as those in cellular telephones and electronic organizers.
Security architectures and protocols for embedded systems are
largely unexplored, leaving these systems vulnerable to
numerous forms of attack. Inadequate technical means exist for
organizations to enforce strong policies on access to
information on our systems. Without means to measure the
quality of security in all these types of systems,
organizations have little knowledge of the state of their
security and have difficulty justifying security resource
expenditures based upon expected improvements. Security
resources may be misapplied while serious vulnerabilities
remain unaddressed.
To address these concerns, the Committee recommendation
includes $6,000,000 for NIST to: (1) develop advanced methods
to express security requirements in ways that support secure
composability and measurability to enable rapid testing with
more comprehensive qualitative coverage; (2) design and
architect better metrics, reference data, and ultimately more
testable security architectures; (3) build and operate an
intrusion detection test bed in order to develop a rigorous
methodology and test regime for intrusion detection systems to
improve the security capabilities of such important system
security defenses; (4) develop a coordinated Embedded Systems
Security Architecture program to identify embedded system
vulnerabilities, develop corrective prototype/proof-of-concept
security systems and develop corresponding standards and
conformance tests; and (5) develop an advanced access control
and management architecture to enforce strong access control
policies.
In addition, the Committee recommendation includes
$4,000,000 for a wireless security initiative. Minimal security
exists to protect the ever-growing array of mobile and wireless
systems now being deployed. Today's security solutions operate
poorly within the constraints of mobile deployment, making
wireless networks far more vulnerable than wired networks.
Wireless security technology today cannot begin to adequately
protect the government, corporate, and personal information
that individuals wish to access with wireless mobility. Not
only are the communications protocols flawed, but controls on
access, availability and confidentiality of information on
lightweight, mobile devices is inadequate. To address this
problem, the Committee directs NIST to develop technologies to
promote, enable, and enforce security on mobile devices,
develop secure prototypes, and develop use of mobile code to
secure wireless systems.
The Committee supports NIST's continued collaboration with
the Department of Defense and other appropriate agencies in its
effort in biometrics and cyber security.
National Oceanic and Atmospheric Administration
Operations, Research, and Facilities
2002 appropriation to date.............................. $2,256,447,000
2002 supplemental estimate..............................................
Committee recommendation................................ 29,200,000
The Committee recommendation includes $29,200,000 for the
National Oceanic and Atmospheric Administration to address
critical homeland security requirements. The recommendation is
$29,200,000 above the supplemental budget request. Of this
amount, $23,400,000 is for the National Ocean Service to
address critical mapping and charting backlog requirements,
$3,000,000 is for the National Ocean Service to enhance the
National Water Level Observation Network, and $2,800,000 is for
the National Environmental, Satellite, Data and Information
Service for a backup capability for critical satellite products
and services.
Procurement, Acquisition and Construction
(Including rescission)
2002 appropriation to date.............................. $836,552,000
2002 supplemental estimate..............................................
Committee recommendation................................ -900,000
The Committee recommendation includes $7,200,000 for the
National Oceanic and Atmospheric Administration (NOAA) to
acquire a supercomputer backup. The recommendation is
$7,200,000 above the supplemental budget request. NOAA
currently has only one supercomputer to run the operational
models which provide the foundation to all weather forecasts 7
days a week, 24 hours a day. If there were a catastrophic
failure due to a terrorist act or other event that affected
this asset, NOAA would not be able to provide the weather
forecasts that the American public has come to depend upon and
lives could be placed at risk. The proposed backup would be
available in 3 hours, limiting the impact on NOAA's ability to
provide weather forecasts.
The Committee recommends a rescission of $8,100,000 from
the unobligated balances available for the National Polar-
Orbiting Operational Environmental Satellite System in the
``National Oceanic and Atmospheric Administration, Procurement,
Acquisition and Construction'' account. These funds represent
management reserve funds budgeted for unanticipated engineering
challenges or schedule delays. Because the program is on time
and within budget, these funds have been identified as being in
excess of requirements.
Fisheries Finance Program Account
2002 appropriation to date.............................. $287,000
2002 supplemental estimate.............................. -3,000,000
Committee recommendation................................ -3,000,000
The Committee has provided bill language which clarifies an
error made in the recommendations provided in the President's
fiscal year 2002 budget request, which was enacted in Public
Law 107-77.
Departmental Management
Salaries and expenses
2002 appropriation to date.............................. $42,428,000
2002 supplemental estimate.............................. 400,000
Committee recommendation................................ 400,000
The Committee recommendation includes $400,000 for
increased guard and protection services at the Herbert C.
Hoover Building. The amount recommended is identical to the
supplemental budget request. This amount will allow the
Department of Commerce to secure a performance based contract
guard force to improve the quality and quantity of the members
of the force.
THE JUDICIARY
Supreme Court of the United States
Care of the building and grounds
2002 appropriation to date.............................. $107,518,000
2002 supplemental estimate.............................. 10,000,000
Committee recommendation................................ 10,000,000
The Committee recommendation includes $10,000,000 for the
building and grounds of the Supreme Court of the United States.
The recommendation is identical to the request.
The recommendation includes $10,000,000 to enhance the
perimeter security of the Supreme Court building and grounds,
which are part of the U.S. Capitol complex. Such enhancements
will include the installation of walls, ballards, and in-ground
vehicle barriers. Before such funds may be obligated for these
improvements, a spending plan must be submitted to the
Committees on Appropriations not later than July 1, 2002.
United States Court of Appeals for the Federal Circuit
Salaries and expenses
2002 appropriation to date.............................. $19,287,000
2002 supplemental estimate.............................. 857,000
Committee recommendation................................................
The Committee recommendation does not include $857,000
requested for emergency funding to improve the physical
security at the National Courts Building which houses the U.S.
Court of Appeals for the Federal Circuit. The Committee is
aware of the General Services Administration (GSA) Federal
Protective Service's (FPS) post-September 11 security
assessment of the National Courts Building and believes the
recommended improvements should be addressed by the GSA. The
Committee understands that the GSA has had discussions with the
Federal Circuit with regard to supporting these newly
identified physical security improvements to the building. The
Committee supports the findings of the FPS assessment and
assumes funding for their implementation will be provided by
the GSA.
Courts of Appeals, District Courts, and other Judicial Services
Salaries and expenses
2002 appropriation to date.............................. $3,596,116,000
2002 supplemental estimate.............................. 3,143,000
Committee recommendation................................ 9,684,000
The Committee recommendation includes $9,684,000 to enhance
security and meet the extraordinary trial related costs
associated with the upcoming terrorist trials in Alexandria,
VA, Boston, MA, and New York, NY. This recommendation is
$6,541,000 above the President's request.
The Committee recommendation will provide for the
installation of protective window film on the courthouses, as
well as address the unique technology and infrastructure
modifications necessary to accommodate these high profile
trials. Those modifications include permitting victims of
crimes associated with the September 11, 2001 terrorist acts to
watch proceedings in the criminal case against Zacarias
Moussaoui via closed circuit transmission to several locations
across the country, as authorized by S. 1858, the Terrorist
Victims' Courtroom Access Act, passed by the Senate on December
20, 2001.
The Committee understands there also will be significant
costs associated with the large jury pool required in such high
profile trials. The Committee recommendation includes funding
to address this need, including funding for special
accommodations to ensure the protection of these juries.
In fiscal year 1999, the Committee established the Wireless
Management Office (WMO) within the Department of Justice to
coordinate and execute the mandated VHF radio conversion to
narrowband by January 1, 2005. All agency funding within the
Department of Justice for radio conversion programs was then
consolidated into the Narrowband Conversion account to be
managed by the WMO. The Committee understands that the
Department of Justice recently signed a memorandum of
understanding with the Department of Treasury for the purpose
of developing a system design for a joint Department of
Justice-Department of Treasury wireless communication network.
This joint venture will improve communications between the law
enforcement agencies, improve communications between Department
of Justice, Department of Treasury and other Federal, State,
and local law enforcement agencies, achieve cost efficiencies,
and meet the narrowband mandate.
In the Senate version of the fiscal year 2002
Appropriations bill, the Committee sought to transfer
$3,580,000 in funding from the Judiciary's court security
appropriation to the Department of Justice Wireless Management
Office (WMO) to maximize the cost and interoperability benefits
of bringing the court security radio modernization program
under the Department of Justice program. In conference, to
address concerns raised by the Judiciary, the Committee
increased funding for the court security account and did not
include the transfer of funds to the Department of Justice
Narrowband Conversion account. The Committee is dismayed to
learn that the United States Marshals Service (USMS) judicial
security division, which manages the Judiciary's court security
program, has gone forward with the purchase of fiscal year 2002
radios on its own. The Committee wants to ensure that the
radios purchased by the USMS are fully interoperable with those
purchased by the WMO for other Federal law enforcement entities
and that the radios were obtained at the lowest possible price.
In order to address both the interoperability and price issues,
the Committee directs the Administrative Office of the United
States Courts, in collaboration with the USMS judicial security
division and the Department of Justice Wireless Management
Office, to provide the Committee with a report within 30 days
of enactment of this Act that details the court security radio
conversion program (fiscal year 2001 through fiscal year 2004),
a description of the radios purchased including discussion of
significant features and interoperability with other Federal
law enforcement entities, the number of radios purchased/
projected to be purchased by fiscal year, and the cost per
radio.
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
Diplomatic and Consular Programs
2002 appropriation to date.............................. $3,630,012,000
2002 supplemental estimate.............................. 51,050,000
Committee recommendation................................ 38,300,000
The Committee recommends an additional $38,300,000 for
Diplomatic and Consular Programs for emergency expenses for
activities related to combating international terrorism. The
recommendation is $12,750,000 below the Administration request.
Of these amounts, $15,000,000 will be used to support
Department of State operations in Kabul, Afghanistan and
$5,300,000 will be used for reestablishing a permanent presence
in Dushanbe, Tajikistan. The Committee expects the Department
to provide a spending plan on the proposed use of these funds
for infrastructure improvements, operating requirements, and
diplomatic security improvements no later than 15 days after
enactment. Within the amount provided, the Committee
recommendation includes $3,000,000 for replenishment of the
Department's chemical and biological emergency supplies that
were consumed by the anthrax contamination, or that have been
rendered useless as a result of being compromised by
contaminated mail pouch bags, and $15,000,000 for
decontamination of the Department's mail room operations. The
funding will be used for cleaning mail rooms and processing
facilities, decontaminating mail, replacing contaminated
equipment and facilities, and restarting the Department's pouch
system. This funding is in addition to the $10,000,000 provided
from the Emergency Response Fund.
The Committee does not provide the requested funding for
``American Rooms/Corners'' program expansion into the Middle
East. The Committee supports this program which provides
Internet workstations in Russian cities. However, given the use
of the Internet by terrorists for purposes of communicating
with each other, setting up workstations where individuals have
anonymous access to the Internet in cities where terrorist
cells are known to operate is not recommended at this time.
The Committee does not provide the requested funding for
the Regional Communications Office, and training on digital
equipment. Funding is provided for similar initiatives under
the Broadcasting Board of Governors account, where these
initiatives are more appropriately handled. The Committee has
already appropriated $34,600,000 for the Middle East initiative
through the BBG and efforts outlined in the Supplemental
request for the Department of State are redundant of the BBG's
ongoing operations.
Capital Investment Fund
2002 appropriation to date.............................. $203,000,000
2002 supplemental estimate.............................. 2,500,000
Committee recommendation................................................
The Committee does not provide the $2,500,000 requested for
the Capital Investment Fund for the Coalition Against Terrorism
(CAT) matrix. The Committee is aware that decisions concerning
the sharing of classified information between agencies involved
in combating terrorism, including the Department of State, are
contingent on the National Strategy currently being developed
by the Office of Homeland Security. Additionally, the Committee
is aware that one of the goals of the Foreign Terrorist
Tracking Task Force under the Department of Justice is to
develop a consolidated, global database for the tracking and
profiling of terrorists. Finally, the Committee is aware that
certain information technology platforms currently under
development at the Department of State could be leveraged to
allow the sharing of classified information with the
appropriate Federal partners. As in other instances, the
Committee expects the Department to build and improve upon
existing capabilities when feasible. The Committee provided the
Department of State $266,000,000 for information technology-
related activities in fiscal year 2002 and would entertain a
reprogramming for this funding through the regular process.
Educational and Cultural Exchange Programs
2002 appropriation to date.............................. $237,000,000
2002 supplemental estimate.............................. 10,000,000
Committee recommendation................................ 9,000,000
The Committee recommends an additional $9,000,000 for
``Educational and Cultural Exchange Programs.'' The
recommendation is $1,000,000 below the President's request. Of
this amount, the Committee supports the $2,000,000 requested
for English Language Programs. In addition, the Committee
supports $3,000,000 for the Afghan Women's Council, the purpose
of which is to promote public and private partnerships and
mobilize resources to ensure that Afghan women gain the skills
and education necessary to participate in reconstruction and
development efforts within the economic and political recovery
of their country. The Committee expects the Department to work
to the maximum extent possible with the women's networks and
groups that operated during the rule of the Taliban in an
effort not only to assist them but to learn how they achieved
their success so that these best practices can be applied
elsewhere in Afghanistan. The Committee also recommends
$4,000,000 for the Fulbright program to expand its existing
programs in Islamic countries.
The Committee does not recommend funding a $2,000,000
Department of State initiative to send American professional
athletes to ``offer training tips on work ethics'' to
Afghanistan. The Committee encourages the Department of State
to work with any professional athletes or teams that contact
the Department seeking to reach out to the people of
Afghanistan.
Embassy Security, Construction, and Maintenance
2002 appropriation to date.............................. $458,000,000
2002 supplemental estimate.............................. 200,516,000
Committee recommendation................................ 210,516,000
The Committee recommends an additional $210,516,000 for
emergency expenses for activities related to combating
international terrorism. The recommendation is $10,000,000
above the request. Of these amounts, $130,516,000 is for the
construction of a new chancery in Kabul, Afghanistan, and
$80,000,000 is for Dushanbe, Tajikistan.
Kabul, Afghanistan.--The existing chancery in Kabul has
been abandoned for 12 years and is structurally unsound and
unusable. The current facility lacks basic security, fire, and
life safety features. To date, $52,850,000 has been provided
for the first phase of rebuilding, including immediate
temporary housing, security upgrades, and initial chancery
work. Within the total amount provided for Kabul, the Committee
recommendation includes $120,516,000 to be used to complete
construction of the compound, including rehabilitation of the
chancery, an office annex, staff housing, Marine housing, a
Deputy Chief of Mission Residence, and a Chief of Mission
Residence.
The Committee is aware that the Department of State's
initial planning was based on the expectation that Kabul's
utility infrastructure would be sufficient for supporting the
embassy's needs. A recent assessment of Kabul city's
infrastructure, however, has demonstrated that the
infrastructure is in worse condition than originally
anticipated. Constant power fluctuations with numerous brown-
outs per day, a deficient water supply, and virtually non-
existent sewage treatment capability will require the
Department to construct an on-compound and self-sufficient
utility plant to provide power, water supply and treatment, and
sewage treatment. The Committee recommendation includes an
additional $10,000,000 above the request for the construction
of an on-compound utility plant in conjunction with Phase II of
the embassy rehabilitation project.
Dushanbe, Tajikistan.--Tajikistan continues to be a
principal player in the battle against international terrorism.
The Committee is aware that the Department of State's current
operations are split between Dushanbe, Tajikistan, and Almaty,
Kazakhstan, with American personnel located in Almaty, and
foreign service national staff working from the Ambassador's
residence in Dushanbe. In addition, several of the buildings
currently being used by the post are structurally unsound due
to earthquakes. The Committee recommendation includes
$80,000,000 for site acquisition and construction of a new
chancery, GSO/warehouse support facilities, and Marine housing.
The Department is directed to submit to the Committees on
Appropriations, and receive approval for, a financial plan for
the funding provided under this account. The overall spending
plan shall include project-level detail and shall be provided
to the Committees on Appropriations not later than July 1,
2002.
Emergencies in the Diplomatic and Consular Service
2002 appropriation to date.............................. $6,500,000
2002 supplemental estimate.............................. 8,000,000
Committee recommendation................................................
The Committee recommendation does not include $8,000,000
requested under this heading. The Committee expects the
Department to use existing funds in this account to make
humanitarian payments to injured individuals and their families
in connection with the April 20, 2001 incident involving a
civilian floatplane in Peru, since no additional legal
authority is required. The Department is directed to submit to
the Committees on Appropriation a reprogramming to cover the
cost of such activities should the Department determine it
should go forward with the payments.
International Organizations and Conferences
Contributions to International Organizations
2002 appropriation to date.............................. $850,000,000
2002 supplemental estimate.............................. 7,000,000
Committee recommendation................................ 7,000,000
The Committee recommends an additional $7,000,000 for
expenses related to the new United Nations Special Mission to
Afghanistan in accordance with the Bonn Agreement as endorsed
by the Security Council. The amount recommended is identical to
the President's request. The Committee expects that in
utilizing these funds, the United Nations will build upon
existing structures, minimize redundancies, and maximize
efficiency of all United Nations activities in Afghanistan
Contributions for International Peacekeeping Activities
2002 appropriation to date.............................. $844,139,000
2002 supplemental estimate.............................. 43,000,000
Committee recommendation................................................
The Committee recommendation does not include $43,000,000
requested for peacekeeping activities. Public Law 107-77 fully
funded the fiscal year 2002 request level of $844,139,000. This
level of funding is sufficient for fiscal year 2002 activities.
The Committee expects the Department to address any shortfall
in funding projected for fiscal year 2003 to be addressed in
the fiscal 2003 appropriations cycle. The Committee would be
willing to consider a budget amendment from the Administration
during consideration of that bill.
(Rescission)
2002 appropriation to date.............................. $844,139,000
2002 supplemental estimate.............................. 43,000,000
Committee recommendation................................ -35,000,000
The Committee recommends a rescission of $35,000,000 from
the unobligated balances available in the ``International
Organizations and Conferences, Contributions for International
Peacekeeping Activities'' account. These funds were provided
with the understanding that the U.S. share of peacekeeping
assessments would change. Because the enabling legislation
never passed, these funds are in excess of the statutory caps
on U.S. peacekeeping payments.
RELATED AGENCIES
Broadcasting Board of Governors
International Broadcasting Operations
2002 appropriation to date.............................. $498,206,000
2002 supplemental estimate.............................. 7,400,000
Committee recommendation................................ 7,400,000
The Committee recommendation includes $7,400,000, for
programming and related transmission costs of surrogate radio
broadcasting in Dari and Pashto. The amount recommended is
identical to the President's request. The Committee
recommendation allows Radio Free Europe/Radio Liberty to
continue providing the people of Afghanistan news and
information about events within Afghanistan and the surrounding
region. While the Committee supports this additional funding,
the Broadcasting Board of Governors (BBGS) was provided
$36,400,000, the full amount requested for its Middle East
initiative, through Public Laws 107-77 and 107-117, of which
only $3,182,000 has been obligated. Consequently, the BBG is
directed to submit a spending plan to the Committees on
Appropriation prior to July 1, 2002, for the funding provided
in this account.
The Committee also directs the BBG to submit to the
Committees on Appropriation an overall spending plan for the
unobligated balance of funds provided in Public Law 107-77. The
Committee further expects that this spending plan will be
accompanied by a detailed summary of fiscal year 2002 funding
that has already been obligated or expended.
RELATED AGENCIES
Securities and Exchange Commission
Salaries and Expenses
2002 appropriation to date.............................. $458,605,000
2002 supplemental estimate.............................. 20,000,000
Committee recommendation................................ 29,300,000
The Committee recommends $29,300,000 for the Securities and
Exchange Commission. This is $9,300,000 above the budget
request. Within the amount provided, $9,300,000 is for
continued disaster recovery needs for the Commission's New York
regional office. The Committee provided $20,705,000 for the
replacement of the SEC offices that were located in the World
Trade Center; however, funds were insufficient for building out
the acquired office space. This funding should complete the
SEC's needs for new space in New York.
Within the amount provided, the Committee also recommends
$20,000,000 to pay for the salaries and expenses of an
additional 100 employees at the SEC, including the cost of pay
parity as requested by the Administration.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 201. The Committee recommends bill language to clarify
Congressional intent regarding a grant program.
Sec. 202. The Committee recommends bill language regarding
a Memorandum of Agreement. In addition, the Antitrust Division
of the Department of Justice and the Federal Trade Commission
are directed to report semi-annually to the Committees on
Appropriations on concurrent jurisdiction concerning antitrust
investigations and other antitrust matters.
Sec. 203. Establishes a Principal Associate Deputy Attorney
General for Combating Terrorism and transfers certain entities
within the Department of Justice so they report to this new
position.
Sec. 204. The Committee recommends bill language that
clarifies timing of recommendations to Congress from the
Commission on Ocean Policy.
Sec. 205. The Committee recommends bill language clarifying
an understanding between the International Joint Commission and
the U.S. Army Corps of Engineers.
Sec. 206. Clarifies the definition of wild fish as defined
in the Agricultural Marketing Act of 1946, as amended.
Sec. 207. Clarifies Congressional intent regarding a
cooperative agreement.
Sec. 208. The Committee notes the extraordinary hardship
faced by the fishing communities of New England due to the
sudden and severe fishing restrictions in the region's
groundfish fishery. In recognition of the regional differences
in the fishing industry throughout New England, funds available
for economic assistance are for direct payments to the most
affected States, for the States, in turn, to grant to fishermen
and fishing communities as the States deem most appropriate.
The Committee recommendation includes $11,000,000 for economic
assistance, of which $2,000,000 is for Maine, $2,000,000 is for
New Hampshire, $5,500,000 is for Massachusetts, and $1,500,000
is for Rhode Island. The Committee expects that these funds
will be granted directly to the States within 60 days of
enactment of this Act. However, the Committee also recognizes
that some States would prefer that the National Marine
Fisheries Service (NMFS) provide the grants directly to the
fishermen. The Committee directs NMFS to administer this
program should a State request the NMFS to do so rather than
administering the program at the State level. The Committee
notes that of the $11,000,000, no funds are available to the
Secretary of Commerce for administrative purposes.
Sec. 209. The Committee recommends $5,000,000 for a coastal
guardian program which will provide additional relief to
fishermen affected by the recent Federal court decision
regarding the Northeast multispecies fishery who are interested
in providing assistance to Federal agencies in the collection
of information critical to ensuring the long-term security and
sustainability of the region's coastal environment. Such
assistance will also help backfill surveillance gaps left after
the events of September 11. The program will utilize, on a
voluntary basis, available seaworthy vessels, and will draw
upon the familiarity of New England fishermen with local waters
and resources.
Funds would be provided to qualifying Northeast
multispecies permit holders based on the economic impact
associated with the decision in the recent court ruling. Days
at sea previously used for cooperative research activities
under the NMFS/Council program would qualify as days at sea for
purposes of calculating lost fishing days under this program.
Issuance of payment would be based on a commitment to make the
vessel and/or fisherman available, for a time certain, to NOAA,
the Coast Guard or affected States with a variety of coastal
activities, including hydrographic survey work, conservation
engineering development and testing, vessel-based surveillance
work for maritime safety, enforcement, conservation, and
research, deployment and testing of environmental sensors,
including buoys and sonars, cooperative research and
management, and vessel safety and maintenance activities.
CHAPTER 3
Subcommittee on Defense
DEPARTMENT OF DEFENSE
2002 appropriation to date
$320,869,347,000
2002 supplemental estimate
14,022,000,000
Committee recommendation
14,022,000,000
The Committee recommends $14,022,000,000 for the Department
of Defense, as requested. Funds are recommended for: the
conduct of military operations related to Operation Enduring
Freedom and Operation Noble Eagle; pay and allowances for
Reserve and National Guard personnel called to active duty;
unforeseen military personnel costs; the procurement of
munitions and weapons; critical command, control,
communications, and intelligence support; and coalition
support. Recommendations for specific classified programs are
addressed in the classified annex to the Committee's report.
The Committee recommendation to fund the amount requested
for defense requirements is made because of the importance that
the Committee places on supporting the war on terrorism.
MILITARY PERSONNEL
Military Personnel, Air Force
2002 appropriation to date.............................. $19,724,014,000
2002 supplemental estimate.............................. 206,000,000
Committee recommendation................................ 206,000,000
The Committee recommends $206,000,000 for Military
Personnel, Air Force. The recommendation is identical to the
request. These funds are to meet higher than anticipated
personnel costs.
OPERATION AND MAINTENANCE
Defense Emergency Response Fund
2002 appropriation to date.............................. $3,395,600,000
2002 supplemental estimate.............................. 11,300,000,000
Committee recommendation................................ 11,300,000,000
The Committee recommends $11,300,000,000 for Defense
Emergency Response Fund. The recommendation is identical to the
request.
The President requested $11,300,000,000 to be made
available in a lump sum to the Defense Emergency Response Fund
(DERF) to support the global war on terrorism. The Committee
fully supports the men and women fighting the scourge of
terrorism and commends them for their efforts. In recognition
that their task is critically important and essential, the
Committee is recommending the full amount for this purpose. The
Committee is extremely concerned, however, with the lack of
details about what is needed and the rules governing the use of
this request. The Committee is, therefore, recommending
strengthening the financial accountability of these funds.
Information provided to the Committee on May 8, 2002,
indicates that the Defense Department is doing a better job of
accounting for funds spent from the DERF than in previous
contingencies. However, even now the Defense Department can
only account for obligations of $11,538,124,000, through April
20, 2002, from the $16,492,557,000 Congress has already
provided and OMB has allocated to DOD to prosecute the war.
While in some areas the details explaining the use of funding
is complete, in others it is lacking. As one example, included
in the obligated amounts is $1,499,266,000 for funds obligated
under a category identified only as contingency response fund
to support Joint Chiefs of Staff deployments.
The Defense Department has informed the Congress that it
estimates it will obligate an additional $1,738,016,000 in the
immediate future from charges that it has identified or
committed to already. Furthermore, it expects to have obligated
all of its funding in the DERF by May 31, 2002.
The Committee understands that the Defense Department's
supplemental request for $11,300,000,000 reflects its best
estimate for its expected needs. The Committee recognizes that
DOD requires some flexibility to manage the war effort because
there are many unknowns in the conduct of combat operations. It
is impossible to predict combat operations precisely.
As listed in the following table, the Committee expects the
Defense Department to allocate the funding provided in the DERF
to specific appropriations based on the information provided by
the military services on how they intend to use the funding
requested. The Committee expects the Department of Defense to
obligate the funds consistent with this guidance. However, the
Committee understands that it may be necessary for the Defense
Department to reallocate amounts from this spending plan to
meet emergent requirements for the global war on terrorism. The
Committee directs the comptroller to notify the Committees on
Appropriations when it needs to reallocate funds and the
reasons for any such adjustments. The Committee is optimistic
that the military services have provided realistic estimates
based on their current experiences and that any such changes
will be minimal.
committee recommended program
The Committee recommends the following transfers:
[In thousands of dollars]
Committee
recommendation
Military Personnel, Army: Reserve Component Mobilization...... 1,389,700
Military Personnel, Navy:
Enhanced Career Sea Pay................................... 102,000
Active Duty costs and Special Pays and Allowances......... 236,000
Reserve personnel mobilization............................ 188,000
Military Personnel, Marine Corps:
Pay and allowances, Imminent danger and family separation. 9,000
Mobilized reservists...................................... 177,000
Military Personnel, Air Force:
Pay and allowances for Officers........................... 369,700
Pay and allowances for enlisted personnel................. 1,252,700
BAS....................................................... 178,100
PCS allowances............................................ 48,000
Reserve Personnel, Navy: Active duty training and pay......... 2,000
Operation and Maintenance, Army:
Personnel Support......................................... 348,600
Operations Costs.......................................... 583,000
Spare parts............................................... 50,000
Airlift, Sealift, Second Destination Transportation....... 1,034,400
Guantanamo Bay JTF-170 Information Operations............. 2,000
Guantanamo Bay JTF-170 Interrogations..................... 20,000
Operation and Maintenance, Navy:
CVBG training............................................. 15,000
LCAC and Amphibious support............................... 1,000
Aviation support equipment................................ 10,000
NCIS vulnerability assessments............................ 6,000
Precision approach and landing certifications............. 5,000
Weapons and missile maintenance........................... 40,000
Critical infrastructure operation and maintenance......... 50,000
CVBG interoperability tests and training.................. 10,000
Logistics support......................................... 10,000
Foreign language and cryptological training............... 3,000
Mobilized reservists per diem............................. 226,000
Service-wide transportation............................... 93,000
Guantanamo operating costs................................ 44,000
Ship maintenance--Reconstitution costs.................... 42,000
Carrier Battle Group accelerated deployments.............. 164,000
Reconstitution--Marine Gas Turbine Engines................ 6,000
Maintenance and preparation costs, IMAs, FTSCs, surge
assets.................................................. 115,000
Ship Depot Maintenance--additional availabilities and
workload................................................ 82,000
USS Scranton DMP.......................................... 90,000
Gun Maintenance........................................... 3,000
Aircraft maintenance--reconstitution...................... 37,000
Aircraft maintenance--accelerated deployment costs........ 82,000
Aircraft maintenance--Program related logistics/
engineering............................................. 18,000
Site R-Communications..................................... 3,000
Joint Communications Special Support equipment............ 1,000
Flying Hours--increased operations........................ 121,000
Refueling contracts....................................... 11,000
Deployment of Reconnaissance aircraft..................... 8,000
Ship operations--fuel, supplies, equipment................ 182,000
Ship operations--Combat Logistics Force................... 24,000
Ship operations--TAO and TAE costs........................ 19,000
Operation and Maintenance, Marine Corps:
OPTEMPO and deployment costs.............................. 42,000
Per diem for mobilized reservists......................... 30,000
Operation and Maintenance, Air Force:
Combat Air Patrol and Enduring Freedom Flight Operations.. 220,000
NORAD radio and communications upgrades................... 73,900
Global Hawk/U-2 deployments............................... 46,300
Airlift Costs............................................. 583,800
Enduring Freedom logistics and containment................ 574,900
Noble eagle operations.................................... 406,100
Guantanamo Bay JTF-170 Information operations............. 2,000
Operation and Maintenance, Defense-wide:
SOCOM OPTEMPO............................................. 397,400
SOCOM Deployment of forces................................ 535,000
SOCOM Medical stocks and ammunition....................... 1,000
SOCOM--Other deployment costs............................. 165,000
SOCOM--Combat base support................................ 1,600
Commercial imagery........................................ 15,000
JTF--Homeland Defense..................................... 10,000
Fuel...................................................... 78,000
Operation and Maintenance, Army Reserve: Predeployment
Training.................................................. 10,000
Operation and Maintenance, Army National Guard: Predeployment
Training.................................................. 3,000
Overseas Humanitarian, Disaster and Civic Aid: Demining and
unexploded ordnance activities............................ 10,000
Procurement of Weapons and Tracked Combat Vehicles: Sniper
rifles, modified magazines................................ 4,000
Procurement of Ammunition, Army: Small caliber ammunition..... 62,800
Other Procurement, Army: Continuity of Operations, Site R,
Short Range Air Defense................................... 33,200
Army mine clearing equipment.................................. 9,000
Aircraft Procurement, Navy:
APN-6 J52 engines......................................... 9,000
APN-5 EA-6B center and outer wing repairs................. 60,000
APN-6 spares.............................................. 27,000
Shipbuilding and Conversion, Navy: Incremental cost of
maintenance availability.................................. 59,000
Other Procurement, Navy:
Site R costs.............................................. 3,000
Spare parts............................................... 27,000
Guantanamo Bay operations and costs....................... 6,000
Other Procurement, Air Force: NORAD radio and communications
upgrades.................................................. 4,000
Research, Development, Test and Evaluation, Air Force: Global
Hawk deployment........................................... 36,000
Defense Health Program: Activated reservists medical costs.... 243,800
--------------------------------------------------------------
____________________________________________________
Total...................................................11,300,000
Operation and Maintenance, Army
2002 appropriation to date.............................. $22,335,074,000
2002 supplemental estimate.............................. 107,000,000
Committee recommendation................................ 107,000,000
The Committee recommends $107,000,000 for Operation and
Maintenance, Army. The recommendation is identical to the
request.
COMMITTEE RECOMMENDED PROGRAM
The following table summarizes the Committee's
recommendations:
[In thousands of dollars]
------------------------------------------------------------------------
2002
Item supplemental Committee
estimate recommendation
------------------------------------------------------------------------
Site R.................................. 5,200 5,200
Command, Control, Communications and 101,800 101,800
Intelligence and Classified Programs...
------------------------------------------------------------------------
Operation and Maintenance, Navy
2002 appropriation to date.............................. $26,876,636,000
2002 supplemental estimate.............................. 36,500,000
Committee recommendation................................ 36,500,000
The Committee recommends $36,500,000 for Operation and
Maintenance, Navy. The recommendation is identical to the
request.
committee recommended program
Command, control, communications and intelligence and
classified programs.--The Committee recommends that of the
funds provided, $36,500,000 shall be available only for
command, control, communications and intelligence capabilities
and classified programs in support of Operation Enduring
Freedom.
Operation and Maintenance, Air Force
2002 appropriation to date.............................. $26,026,789,000
2002 supplemental estimate.............................. 41,000,000
Committee recommendation................................ 41,000,000
The Committee recommends $41,000,000 for Operation and
Maintenance, Air Force. The recommendation is identical to the
request.
COMMITTEE RECOMMENDED PROGRAM
The following table summarizes the Committee's
recommendations:
[In thousands of dollars]
------------------------------------------------------------------------
2002
Item supplemental Committee
estimate recommendation
------------------------------------------------------------------------
UAV support............................. 9,000 9,000
Command, Control, Communications and 32,000 32,000
Intelligence and Classified programs...
------------------------------------------------------------------------
Operation and Maintenance, Defense-Wide
2002 appropriation to date.............................. $12,773,270,000
2002 supplemental estimate.............................. 739,000,000
Committee recommendation................................ 739,000,000
The Committee recommends $739,000,000 for Operation and
Maintenance, Defense-Wide. The recommendation is identical to
the request.
COMMITTEE RECOMMENDED PROGRAM
The following table summarizes the Committee's
recommendations:
[In thousands of dollars]
------------------------------------------------------------------------
2002
Item supplemental Committee
estimate recommendation
------------------------------------------------------------------------
Command, Control, Communications and 283,600 283,600
Intelligence and Classified programs...
White House communications systems 3,400 3,400
upgrades...............................
Special Router Arrangement Service...... 17,000 17,000
Emergency Email Network................. 10,000 10,000
Internet Early Warning System Security.. 5,000 5,000
Foreign Assistance Transfer............. 420,000 420,000
------------------------------------------------------------------------
PROCUREMENT
Other Procurement, Army
2002 appropriation to date.............................. $4,183,736,000
2002 supplemental estimate.............................. 79,200,000
Committee recommendation................................ 79,200,000
The Committee recommends $79,200,000 for Other Procurement,
Army. The recommendation is identical to the request.
COMMITTEE RECOMMENDED PROGRAM
The Committee recommends an appropriation of $79,200,000
solely for the purposes outlined below. The following table
summarizes the Committee's recommendations:
[In thousands of dollars]
------------------------------------------------------------------------
2002
Item supplemental Committee
estimate recommendation
------------------------------------------------------------------------
Site R.................................. 68,800 68,800
Command, Control, Communications and 10,400 10,400
Intelligence and Classified Programs...
------------------------------------------------------------------------
Aircraft Procurement, Navy
2002 appropriation to date.............................. $7,938,143,000
2002 supplemental estimate.............................. 22,800,000
Committee recommendation................................ 22,800,000
The Committee recommends $22,800,000 for Aircraft
Procurement, Navy. The recommendation is identical to the
request.
COMMITTEE RECOMMENDED PROGRAM
The following table summarizes the Committee's
recommendations:
[In thousands of dollars]
------------------------------------------------------------------------
2002
Item supplemental Committee
estimate recommendation
------------------------------------------------------------------------
Command, Control, Communications and 8,000 8,000
Intelligence and Classified programs...
White House communications system 14,800 14,800
upgrades...............................
------------------------------------------------------------------------
Procurement of Ammunition, Navy and Marine Corps
2002 appropriation to date.............................. $461,399,000
2002 supplemental estimate.............................. 262,000,000
Committee recommendation................................ 262,000,000
The Committee recommends $262,000,000 for Procurement of
Ammunition, Navy and Marine Corps. The recommendation is
identical to the request.
committee recommended program
Joint Direct Attack Munition.--The Committee recommends an
appropriation of $262,000,000 for the procurement of this
munition which was being used faster than it could be replaced
in Operation Enduring Freedom. These funds, along with those
for the Air Force, will increase production to 2,800 JDAMs per
month by August 2003.
Other Procurement, Navy
2002 appropriation to date.............................. $4,270,976,000
2002 supplemental estimate.............................. 2,500,000
Committee recommendation................................ 2,500,000
The Committee recommends $2,500,000 for Other Procurement,
Navy. The recommendation is identical to the request.
committee recommended program
Command, control, communications and intelligence and
classified programs.--The Committee recommends $2,500,000 which
shall be made available only for command, control,
communications and intelligence capabilities in support of
Operation Enduring Freedom.
Procurement, Marine Corps
2002 appropriation to date.............................. $995,442,000
2002 supplemental estimate.............................. 3,500,000
Committee recommendation................................ 3,500,000
The Committee recommends $3,500,000 for Procurement, Marine
Corps. The recommendation is identical to the request.
committee recommended program
Command, control, communications and intelligence and
classified programs.--The Committee recommends $3,500,000 which
shall be made available only for command, control,
communications and intelligence capabilities in support of
Operation Enduring Freedom.
Aircraft Procurement, Air Force
2002 appropriation to date.............................. $10,567,038,000
2002 supplemental estimate.............................. 93,000,000
Committee recommendation................................ 93,000,000
The Committee recommends $93,000,000 for Aircraft
Procurement, Air Force. The recommendation is identical to the
request.
COMMITTEE RECOMMENDED PROGRAM
The following table summarizes the Committee's
recommendations:
[In thousands of dollars]
------------------------------------------------------------------------
2002
Item supplemental Committee
estimate recommendation
------------------------------------------------------------------------
Predator production..................... 37,000 37,000
Ground control station retrofit......... 8,000 8,000
Global Hawk replacement................. 35,000 35,000
Sensor packages and High Band Subsystem 13,000 13,000
development............................
------------------------------------------------------------------------
Procurement of Ammunition, Air Force
2002 appropriation to date.............................. $866,644,000
2002 supplemental estimate.............................. 115,000,000
Committee recommendation................................ 115,000,000
The Committee recommends $115,000,000 for Procurement of
Ammunition, Air Force. The recommendation is identical to the
request.
committee recommended program
Joint Direct Attack Munition.--The Committee recommends an
appropriation of $115,000,000 for the procurement of this
munition which was being used faster than it could be replaced
in Operation Enduring Freedom. These funds, along with those
for the Navy, will increase production to 2,800 JDAMs per month
by August 2003.
Other Procurement, Air Force
2002 appropriation to date.............................. $8,085,863,000
2002 supplemental estimate.............................. 752,300,000
Committee recommendation................................ 752,300,000
The Committee recommends $752,300,000 for Other
Procurement, Air Force. The recommendation is identical to the
request.
committee recommended program
Command, control, communications and intelligence and
classified programs.--The Committee recommends $752,300,000
only for command, control, communications and intelligence
capabilities and classified programs in support of Operation
Enduring Freedom.
Procurement, Defense-Wide
2002 appropriation to date.............................. $2,389,490,000
2002 supplemental estimate.............................. 99,500,000
Committee recommendation................................ 99,500,000
The Committee recommends $99,500,000 for Procurement,
Defense-Wide. The recommendation is identical to the request.
COMMITTEE RECOMMENDED PROGRAM
The following table summarizes the Committee's
recommendations:
[In thousands of dollars]
------------------------------------------------------------------------
2002
Item supplemental Committee
estimate recommendation
------------------------------------------------------------------------
Command, Control, Communications and 46,900 46,900
Intelligence and Classified programs...
SOF ordnance acquisition................ 19,200 19,200
SOF ordnance replenishment.............. 1,000 1,000
Rotary wing upgrades.................... 12,100 12,100
C-130 modifications..................... 3,300 3,300
SOF small arms & weapons................ 2,200 2,200
White House communications systems 14,800 14,800
upgrades...............................
------------------------------------------------------------------------
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
2002 appropriation to date.............................. $7,106,074,000
2002 supplemental estimate.............................. 8,200,000
Committee recommendation................................ 8,200,000
The Committee recommends $8,200,000 for Research,
Development, Test and Evaluation, Army. The recommendation is
identical to the request.
committee recommended program
Hemostatic Battlefield Dressing.--The Committee recommends
an appropriation of $8,200,000, as requested by the
administration, for the production of these dressings and to
fund the Federal Drug Administration (FDA) documents required
to issue this dressing once approved.
Non-self-destruct landmine alternative.--In fiscal year
2001, the Committee provided $25,000,000 to accelerate
development of the ``Non-Self-Destruct Landmine Alternative''
(NSD-A), a man-in-the-loop mine system for Korea. At that time,
the Committee expressed concern that the Department was
considering the inclusion of a command activation feature,
which would transform the man-in-the-loop system into a
conventional mine system, and the Committee directed the
Department to consult with the Committee prior to any decision
to obligate funds for the development of such a feature. The
Committee has since been informed that the command activation
feature is a relatively simple, inexpensive one that can be
integrated into this mine system at a later date of development
before this alternative landmine is fielded. The Committee,
therefore, directs the Department to release the fiscal year
2001 funds expeditiously so development of the NSD-A can move
forward. It is the Committee's intent that development of the
NSD-A progress as far and as rapidly as possible until a
decision on whether to integrate the command activation feature
into the system needs to be made and that issue is resolved
through consultation with Congress.
Research, Development, Test and Evaluation, Navy
2002 appropriation to date.............................. $11,498,506,000
2002 supplemental estimate.............................. 19,000,000
Committee recommendation................................ 19,000,000
The Committee recommends $19,000,000 for Research,
Development, Test and Evaluation, Navy. The recommendation is
identical to the request.
COMMITTEE RECOMMENDED PROGRAM
The following table summarizes the Committee's
recommendations:
[In thousands of dollars]
------------------------------------------------------------------------
2002
Item supplemental Committee
estimate recommendation
------------------------------------------------------------------------
Command, Control, Communications and 10,000 10,000
Intelligence and Classified programs...
White House communications systems 9,000 9,000
upgrades...............................
------------------------------------------------------------------------
Research, Development, Test and Evaluation, Air Force
2002 appropriation to date.............................. $14,669,931,000
2002 supplemental estimate.............................. 60,800,000
Committee recommendation................................ 60,800,000
The Committee recommends $60,800,000 for Research,
Development, Test and Evaluation, Air Force. The recommendation
is identical to the request.
COMMITTEE RECOMMENDED PROGRAM
The following table summarizes the Committee's
recommendations:
[In thousands of dollars]
------------------------------------------------------------------------
2002
Item supplemental Committee
estimate recommendation
------------------------------------------------------------------------
High Band Subsystem/ACTD Ground control 23,000 23,000
stations...............................
Command, Control, Communications and 37,800 37,800
Intelligence and Classified programs...
------------------------------------------------------------------------
Research, Development, Test and Evaluation, Defense-Wide
2002 appropriation to date.............................. $15,415,275,000
2002 supplemental estimate.............................. 74,700,000
Committee recommendation................................ 74,700,000
The Committee recommends $74,700,000 for Research,
Development, Test and Evaluation, Defense-Wide. The
recommendation is identical to the request.
COMMITTEE RECOMMENDED PROGRAM
The Committee recommends $74,700,000 only for command,
control, communications, and intelligence capabilities and
intelligence programs in support of Operation Enduring Freedom.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 301. The Committee recommendation includes a general
provision proposed by the administration which permits the use
of available funds to meet the requirements of Special
Operations Forces.
Sec. 302. The Committee recommendation includes a general
provision proposed by the administration which authorizes the
use of funds available in this Act for military construction.
Sec. 303. The Committee recommendation includes a general
provision proposed by the administration which permits the
Secretary of Defense to waive current restrictions on the
establishment of a field operating agency.
Sec. 304. The Committee recommendation includes a general
provision proposed by the administration which provides
specific authorization for the funds appropriated in this Act
for intelligence activities.
Sec. 305. The Committee recommendation includes a general
provision proposed by the Administration which would make funds
available for the payment of certain additional costs of
international inspectors under the Chemical Weapons Convention.
Sec. 306. The Committee recommendation includes a general
provision which allows the President to waive current
restrictions concerning the Cooperative Threat Reduction
program.
CHAPTER 4
Subcommittee on the District of Columbia
DISTRICT OF COLUMBIA
FEDERAL FUNDS
Federal Payment to the Children's National Medical Center
2002 appropriation to date..............................................
2002 supplemental estimate..............................................
Committee recommendation................................ $13,770,000
The Committee recommends a Federal payment of $13,770,000
to the Children's National Medical Center in the District of
Columbia for implementation of the District Emergency
Operations Plan. Of this amount, $11,700,000 shall be used to
expand quarantine facilities and $2,070,000 is for the
establishment of a decontamination facility. Children's
Hospital has been designated as the central decontamination and
treatment site for children and families in the event of an
emergency such as a bioterrorist attack. Currently, there is no
facility in the city that can accommodate the special concerns
regarding the decontamination of children or to prevent the
separation of children and families.
Federal Payment to the District of Columbia
2002 appropriation to date.............................. $171,958,000
2002 supplemental estimate..............................................
Committee recommendation................................ 24,730,000
The Committee recommends a Federal payment of $24,730,000
to the District of Columbia to contribute to the implementation
of the District Emergency Operations Plan.
The Committee recommends that of the amount provided to the
District, $14,730,000 shall be used to reimburse the District
for public safety expenses related to national special security
events in the District of Columbia. A similar proposal is
contained in the President's fiscal year 2003 budget. The
Federal Government shares the responsibility with the District
government to provide security for all such events held in
Washington. The Committee is recommending supplemental funding
as reimbursement for security provided to Federal events held
this spring and upcoming events.
The Committee recommends that of the amount provided to the
District, $10,000,000 shall be used for the construction of
containment facilities in District hospitals to support the
regional Bioterrorism Hospital Preparedness Program. The
District created, in conjunction with the Centers for Disease
and Control and Prevention, the Metropolitan Washington Council
of Governments, and the Attending Physician of the U.S.
Capitol, a regional program to respond to potential events of
bioterrorism.
Federal Payment to the Washington Metropolitan Area Transit Authority
2002 appropriation to date.............................. $39,100,000
2002 supplemental estimate..............................................
Committee recommendation................................ 25,000,000
The Committee recommends a Federal payment of $25,000,000
to the Washington Metropolitan Area Transit Authority, to
contribute to the creation of a regional transportation back-up
operations control center. The District of Columbia, as a
whole, and the transportation system serving the region, faces
a high level of risk of attack; therefore a high level of
emergency preparedness is crucial. The Committee does not
intend to provide additional Federal funding for the back-up
Operation Control Center. Before Congress completes action on
this legislation, local jurisdictions are urged to prepare a
plan for contributing local or other resources to completing
this project.
Federal Payment to the Metropolitan Washington Council of Governments
2002 appropriation to date.............................. $5,000,000
2002 supplemental estimate..............................................
Committee recommendation................................ 1,750,000
The Committee recommends a Federal payment of $1,750,000 to
the Metropolitan Washington Council of Governments to acquire
the technology to support the Regional Incident Communication
and Coordination System, created with funding provided in the
Fiscal Year 2002 Defense Supplemental Appropriations Act, and
approved by all 17 regional governments making up the Council.
Federal Payment to the Water and Sewer Authority of the District of
Columbia
2002 appropriation to date..............................................
2002 supplemental estimate..............................................
Committee recommendation................................ $3,000,000
The Committee recommends $3,000,000 for the Water and Sewer
Authority of the District of Columbia (WASA) to contribute to
emergency preparedness and security. The Committee is concerned
about biological, chemical and structural threats to the water
and wastewater infrastructure in the national capital region.
The Water and Sewer Authority services all of the Federal
buildings in the District of Columbia and at the Pentagon. The
security of this water system is critical to the security of
the residents, employees, and visitors to the Nation`s Capital.
Of the $3,000,000, the Committee recommends the following
items to enhance security of the water distribution system:
$250,000 for securing fire hydrants and manholes to prevent
unauthorized entry, $150,000 to upgrade the hydraulic model to
predict and determine the impact of contamination, and
$1,800,000 for remote monitoring of water quality. The
Committee also recommends the following items to increase
security and response preparedness in the sewer and wastewater
collection system: $700,000 for design and construction of
ventilation system improvements at the Main Pumping Station,
and $100,000 to create an Incident Response Plan in the event
of an act of terrorism associated with the sewer system. The
District, WASA and regional governments have already engaged in
extensive planning and response to protect drinking water. The
Committee encourages WASA to treat the security of the water
and sewer system as a high priority in their own budget.
DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
Public Education System
(Rescission)
The Committee recommends a rescission of $37,000,000 from
the local funds account for Public Charter Schools for the
fiscal year ending September 30, 2002 in the District of
Columbia Appropriations Act, 2002, approved December 21, 200l
(Public Law 107-96). Enrollment at Public Charter Schools as of
October 5, 2001 was 2,700 fewer students than had been budgeted
for.
Human Support Services
The Committee recommends $37,000,000 from local funds, of
which $11,000,000 shall used by the Child and Family Services
Agency to address increased adoption case rates, higher case
loads for adoption and emergency group home utilization. In
addition, of the amount provided under Human Support Services,
$26,000,000 shall be for the Department of Mental Health to
address a Medicaid revenue shortfall.
Public Safety and Justice
(Rescission)
The Committee recommends a rescission of $100,000 from
local funds appropriated under this heading to the Department
of Corrections for support of the Corrections Information
Council for the fiscal year ending September 30, 2002 in the
District of Columbia Appropriations Act, 2002, approved
December 21, 200l (Public Law 107-96).
Corrections Information Council
The Committee recommends $100,000 from local funds for the
Corrections Information Council to be used for operational
expenses.
Governmental Direction and Support
The Committee recommends that $353,000 provided under
Public Law 107-96 for Attorney Retention Allowance may also be
used by those attorneys that have since become union members.
Repayment of Loans and Interest
(Rescission)
The Committee recommends a rescission under the heading
Repayment of Loans and Interest of $7,950,000 in favor of
Certificates of Participation. This rescission is possible due
to lower interest rates and borrowing. The Committee further
recommends that if the excess fund balance is not used for Pay-
Go Capital and not required to meet the 7-percent cash reserve
balance, it may be used to address potential deficits, as
determined by the Chief Financial Officer, and subject to
approval of the Mayor and Council.
Certificates of Participation
The Committee recommends $7,950,000 for Certificates of
Participation to be used to finance the facility underlying the
building located at One Judiciary Square.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 401. The Committee recommends that the Government of
the District of Columbia may use up to 1 percent of the funds
appropriated under Public Law 107-117 for funding the necessary
administrative costs required to fulfill the purposes of that
Act.
Sec. 402. The Committee recommends that the Mayor be
allowed to procure insurance for property damage and tort
liability.
Sec. 403. The Committee recommends that the District of
Columbia Courts transfer 50 percent of the fund balance from
the Crime Victims Compensation Fund directly to the District's
newly established Crime Victims Fund for Outreach Activities.
The Committee requests that the Mayor of the District of
Columbia provide a report to the Committees on Appropriations
of the Senate and the House of Representatives, no later than
August 30, 2002, on the expenditures or planned expenditures
from this fund.
Sec. 404. Washington Metropolitan Area Transit Authority
Reprogramming. The Committee recommends that $2,400,000
provided to the Washington Metropolitan Area Transit Authority
under Public Law 107-117 for protective clothing and breathing
apparatus, may be used for employee and facility security and
completion of the fiber optic network project.
Sec. 405. Federal payment to the District of Columbia
Courts. The District of Columbia Family Court Act of 2001
requires numerous changes in the way the D.C. Courts serve the
District's abused and neglected children. To expedite certain
of these changes, the Act required the Chief Judge of the
Superior Court to appoint individuals to serve as magistrate
judges not later than 60 days of its enactment (March 9, 2002).
The District of Columbia Appropriations Act, 2002 provided
significant funds to implement the Family Court Act, subject to
a waiting period which is expected to expire in July, 2002.
To comply with the Family Court Act, the Chief Judge of the
Superior Court appointed five persons to serve as magistrate
judges in March, 2002. Salaries and benefits for these
magistrate judges and minimal support staff cost approximately
$100,000 per month. Construction and furnishings for office
space within existing court facilities; including relocating
other operations, cost approximately $500,000. On advice from
the Comptroller General, the Courts have paid these costs from
the operating and capital accounts funded under the Federal
payment to the District of Columbia Courts appropriation and
expect to obligate nearly $1,000,000 in operating expenses
before the Family Court appropriation becomes available.
Additionally, the Courts must undertake significant capital
improvements to accommodate the new Family Court. The Committee
recommendation allows the Courts to reimburse capital
obligations up to $11,500,000.
The Committee recommendation implements GAO's
recommendation (Decision B-290011) to create transfer authority
for the Courts to reimburse the Federal payment accounts for
these Family Court Act implementation costs once the Family
Court appropriation becomes available. Without transfer
authority, the Courts will be forced to defer or forgo
essential operations and capital improvements, which the
Federal payment appropriation was intended to finance.
Secs. 406-408. Technical Corrections. The Committee, at the
request of the Governmental Affairs Committee, also recommends
a technical correction to the Family Court Act of 2001 (Public
Law 107-114) due to a drafting error. In addition, the
Committee recommends three technical corrections to the Fiscal
Year 2002 District of Columbia Appropriations Act (Public Law
107-96).
Sec. 409. Independence of the Chief Financial Officer. The
Committee, at the request of the Mayor, Council Chair and
Congressional Delegate of the District of Columbia, recommends
an extension of the authority of the District's Chief Financial
Officer.
CHAPTER 5
Subcommittee on Energy and Water Development
DEPARTMENT OF DEFENSE--CIVIL
Department of the Army
Corps of Engineers--Civil
Operation and Maintenance, General
2002 appropriation to date.............................. $2,013,803,000
2002 supplemental estimate..............................................
Committee recommendation................................ 10,000,000
The Committee recommendation provides $10,000,000, an
increase of $10,000,000 above the Administration's request, for
the Corps of Engineers.
The recommended funds are provided to assist with the
recovery efforts resulting from the devastating effects of
flooding which occurred in Southern West Virginia, Eastern
Kentucky and Southwestern Virginia in May of this year.
The Committee recommendation includes language permitting
the Secretary of the Army to utilize $6,500,000 of funds
appropriated under Public Law 107-117 to support increased
security at Corps of Engineers owned and operated
infrastructure facilities within the Mississippi River and
Tributaries Program. The language clarifies congressional
intent that the enhanced security funding is to be available
for all Corps of Engineers owned and operated infrastructure
facilities.
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
WEAPONS ACTIVITIES
2002 appropriation to date.............................. $5,560,238,000
2002 supplemental estimate.............................. 19,400,000
Committee recommendation................................ 181,650,000
The Committee recommendation provides $181,650,000, an
increase of $162,250,000 above the administrations's request,
for Weapons Activities.
The Committee is alarmed that the administration has chosen
to ignore the recommendations of the National Nuclear Security
Administration and the Department of Energy concerning the
appropriate level of funding required to keep our Nation's
nuclear weapon stockpile, as well as our national laboratories
and weapons plants, safe and secure from current and emerging
threats.
For nuclear weapons incident response activities, the
Committee recommendation includes $1,500,000 to maintain
specially equipped radiological detection aircraft at Andrews
Air Force Base and Nellis Air Force Base; $8,800,000 to expand
radiological search and response missions and accelerate and
enhance the deployment of radiological search teams in major
urban centers throughout the United States; $2,000,000 to
establish a permanent Capital Response Team in the National
Capital area; $2,200,000 to establish TRIAGE, a national ``9-1-
1'' type of system to provide immediate assistance to local
emergency responders confronting hazards from nuclear
materials; $2,000,000 to support critical improvements in
equipment and response capability for the DOE Consequence
Management Teams; $1,800,000 to assist in asset deployment for
National Security Special Events, law enforcement efforts of
the FBI, Department of Justice, and Secret Service at events of
significant size, profile, and significance; and $1,100,000 to
expand the Pager-S program to increase the local response
capability in Washington, DC, and New York City to detect
radiological material that might be used for malevolent
purposes.
To enhance the security and protection of nuclear material
and stockpile components during transit, the Committee
recommendation includes $18,000,000 for the Secure
Transportation Asset program.
For counter-terrorism activities and preparedness, the
Committee recommendation includes $40,000,000 for the on-going
operation, maintenance, and construction of the National Center
for Combating Terrorism.
The Committee recommendation includes funding for the
following safeguards and security activities: $12,000,000 to
acquire additional explosive detection equipment throughout the
nuclear weapons complex; $9,000,000 to increase protective
force support throughout the nuclear weapons complex;
$8,000,000 to harden barriers, including vehicle and perimeter
barriers at DOE sites and laboratories; $5,250,000 for Weapons
Complex security improvements nationwide, including additional
storage facilities (vaults, tunnels, underground storage), road
relocations, and expediting construction efforts which enhance
the security of nuclear materials; $10,000,000 to perform
security systems performance improvements nationwide;
$30,000,000 to consolidate special nuclear material to decrease
the number of locations which must be secured; and $30,000,000
to increase cyber security manpower and equipment to protect
nuclear weapons complex sites and information.
The Committee recognizes the need for the NNSA to provide
for secure communications links between the intelligence and
nonproliferation communities and to adequate classified work
areas to accommodate the additional staff required to achieve
efficient, timely, sustained acceleration of NNSA
nonproliferation programs. The Committee authorizes the
Department to realign existing funds, previously appropriated
to NNSA, for this purpose. The Department shall notify the
Committees within 30 days of the specific realignment of funds.
DEFENSE NUCLEAR NONPROLIFERATION
2002 appropriation to date.............................. $1,029,586,000
2002 supplemental estimate..............................................
Committee recommendation................................ 100,000,000
The Committee recommendation provides $100,000,000, an
increase of $100,000,000 above the administration's request,
for Defense Nuclear Nonproliferation.
According to former Republican Majority Leader Howard Baker
and former White House Counsel Lloyd Cutler, Co-Chairmen of a
blue ribbon panel charged with taking a comprehensive look at
nuclear nonproliferation issues in 2001, ``[t]he most urgent
unmet national security threat to the United States today is
the danger that weapons of mass destruction or weapons-usable
material in Russia could be stolen and sold to terrorists or
hostile nation states''. The Committee remains concerned that
the administration continues to ignore the threat to our
Nation's security posed by nuclear weapons, materials, and
know-how in the former Soviet Union.
The Committee has heard convincing testimony from former
Senator Sam Nunn, the Co-Chairman of the Nuclear Threat
Initiative, that the most urgent threat to our Nation is the
danger that a terrorist could acquire weapons-grade materials,
build a rudimentary nuclear device and detonate it in a U.S.
city. The Committee believes more must be done to both protect,
control, and account for nuclear weapons and material abroad,
and also be better prepared to detect and respond to the
possibility of nuclear materials being smuggled into this
country.
In light of this, the Committee recommends $100,000,000 for
Defense Nuclear Nonproliferation activities. Of this amount,
$65,000,000 will be used to protect and safeguard nuclear
material in the Former Soviet Union and elsewhere, and
$35,000,000 will be used to develop sensors and other
technologies that will prevent nuclear and other deadly
materials from entering this country, detect these substances
elsewhere in the nation, and enhance preparedness in the event
of an attack.
Nonproliferation Programs with Russia.--The Committee
recommendation includes $10,000,000 for the Nuclear Cities
Initiative, a program that employs former Soviet Union weapons
scientists in non-weapons related fields within the closed
nuclear cities; and $10,000,000 for the International Nuclear
Safety program that supports the completion of safety systems
and other upgrades at Soviet-designed nuclear reactors.
Additionally, the Committee agrees with the
administration's fiscal year 2003 recommendation to transfer
the Elimination of Weapons-Grade Plutonium Production in Russia
Program (EWGPP) to the Department of Energy from the Department
of Defense. The Committee recommendation includes $19,000,000
to expand and accelerate this program's activities. The EWGPP
allows the shut-down of three plutonium-producing reactors at
the weapons production sites within two closed cities in
Russia. The program will refurbish existing fossil fuel-powered
heat and generation facilities to replace the heat and power at
the nuclear facilities that are to be shut down.
Arms Control.--The Committee recommendation includes
$6,000,000 for Arms Control to be used to implement the U.S./
DPRK Agreed Framework to end the North Korean nuclear material
production program.
International Materials Protection Control & Accounting.--
The Committee recommendation includes $20,000,000 for the MPC&A
program. Of this amount, $10,000,000 will be used to plan and
initiate nuclear materials protection, control, and accounting
in countries of concern other than the Former Soviet Union.
Additionally, $10,000,000 of the amount is provided to enhance
national laboratory support to International Atomic Energy
Agency (IAEA) initiatives to expand physical security programs
in countries under IAEA safeguards agreements. It is vital that
the United States support the establishment of international
standards for the physical security and safeguarding of weapons
grade nuclear material.
Nonproliferation Verification, R&D.--The Committee
recommendation includes $35,000,000 for Nuclear
Nonproliferation and Verification, Research and Development.
Funds will provide for development of (1) advanced systems
analysis tools to model infrastructure vulnerabilities,
including susceptibility of chemical, biological, and nuclear
facilities to cyber attack and disruption; (2) advanced
radiation detector systems for monitoring cargo shipping
containers; and (3) biological detection and response
architecture studies which will model the feasibility and
detection requirements for large-scale deployment of bio-
detection systems.
Within these funds, the Committee directs that not less
than $20,000,000 be provided for the acceleration and expansion
of the Nuclear and Radiological National Security Program. The
program will focus on the improvement and application of
existing technologies and the development and application of
new technologies to counter nuclear and radiological terrorist
threats, particularly in the area of so-called ``dirty bombs''.
OFFICE OF THE ADMINISTRATOR
2002 appropriation to date.............................. $312,596,000
2002 supplemental estimate..............................................
Committee recommendation................................ 1,750,000
The Committee recommendation provides $1,750,000, an
increase of $1,750,000 above the administration's request, for
the Office of the Administrator.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Restoration and Waste Management
2002 appropriation to date.............................. $5,242,776,000
2002 supplemental estimate..............................................
Committee recommendation................................ 40,000,000
The Committee recommendation provides $40,000,000, an
increase of $40,000,000 above the administration's request, for
the Defense Environmental Restoration and Waste Management
program.
The amount recommended by the Committee includes funding
for protective forces and physical security at the following
DOE Environmental Management landlord sites: $20,000,000 for
the Savannah River Site; $5,400,000 for the Richland Site;
$7,500,000 for the Idaho Site; and $2,100,000 for the Oak Ridge
Site.
OTHER DEFENSE ACTIVITIES
2002 appropriation to date.............................. $547,544,000
2002 supplemental estimate.............................. 7,000,000
Committee recommendation................................ 7,000,000
The Committee recommendation provides $7,000,000, the
amount of the administration's request, for Other Defense
Activities.
The recommendation includes $6,000,000 for the energy
security and assurance program. The Committee directs the
Department to work closely with the private sector to
anticipate and assess security vulnerabilities of the Nation's
energy infrastructure. The Committee also expects the
Department to conduct emergency exercises and emergency
planning conferences with State, local, and private sector
planing officials throughout the country and to develop and
disseminate training materials to State, local, and private
partners.
The recommendation also includes $1,000,000 for program
direction.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 501. The Committee recommends a rescission of
$30,000,000 from ``Energy Supply'', ``Non-Defense Environmental
Management'', ``Science'', ``Departmental Administration'', and
the non-defense portion of ``Nuclear Waste Disposal''. While
the Committee has chosen not to specify separate rescissions in
each of these accounts, it is expected that the Department will
not impose disproportionate cuts in any account. The Committee
directs the Director of the Office of Management and Budget to
submit to the House and Senate Committees a listing by account
of the reductions made pursuant to this rescission.
Sec. 502. The Committee recommendation includes language
that provides that amounts invested by the non-Federal
interests in the biomass project at Winona, Mississippi, before
the date of enactment of this Act, shall constitute full
satisfaction of the cost-sharing requirement under section 3002
of the Energy Policy Act of 1992 (42 U.S.C. 13542).
Sec. 503. The Committee recommendation includes language
that requires the Secretary of Energy to award a contract for
the design, construction, and operation of facilities for the
conversion and disposition of depleted uranium hexafluoride on
each of the sites of the gaseous diffusion plants at Paducah,
Kentucky and Portsmouth, Ohio. The Committee expects that the
Department of Energy will request in fiscal year 2004 and
beyond sufficient funds for these purposes.
Sec. 504. The Committee recommends $3,000,000 for the
Department of the Interior, Bureau of Reclamation, Water and
Related Resources, for the drilling of five wells in Santa Fe,
New Mexico.
CHAPTER 6
Subcommittee on Foreign Operations, Export Financing, and Related
Programs
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
United States Agency for International Development
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
2002 appropriation to date.............................. $1,433,500,000
2002 supplemental estimate..............................................
Committee recommendation................................ 100,000,000
The Committee has provided $100,000,000 for the ``Child
Survival and Health Programs Fund,'' which may be made
available as a U.S. contribution to the Global Fund to Combat
HIV/AIDS, Tuberculosis and Malaria. Despite the sharp increase
in funding to combat these three deadly diseases in recent
years, the Committee believes that the international response
does not yet match the urgency and scope of the threats they
pose to global health and security. The Committee is aware that
the Global Fund, which only recently began operations, has
already received proposals for funding which exceed its
available resources.
INTERNATIONAL DISASTER ASSISTANCE
2002 appropriation to date.............................. $235,500,000
2002 supplemental estimate.............................. 40,000,000
Committee recommendation................................ 150,000,000
The Committee has provided $150,000,000 for ``International
Disaster Assistance,'' of which $100,000,000 is for
humanitarian and reconstruction activities in Afghanistan. The
Committee has provided these funds, consistent with the
President's public expressions of support for the
reconstruction of Afghanistan in the spirit of the Marshall
Plan, after consulting with experts in the administration and
private relief organizations. Those experts described a dire
situation in which the needs are vast and the funds requested
are inadequate.
The Committee is aware that some Afghan citizens' homes
were damaged or destroyed in the military campaign against al
Qaeda and the Taliban, and believes it is in the humanitarian
and national security interests of the United States to make
available a sufficient portion of these funds to repair or
replace these homes.
The Committee is also aware that large numbers of Afghan
refugees who are returning to Afghanistan are in need of food,
shelter, and other immediate assistance.
The Committee is concerned about the security situation in
Afghanistan, as factional fighting, banditry, and threats
against prominent Afghan leaders could undermine U.S. aid
programs and opportunities for long term peace and development.
It will be months before the Afghan police and army are fully
operational, and the administration has opposed expanding the
mandate of the international peacekeeping force. The Committee
urges the administration to work with the Afghan Interim
Authority and coalition partners to formulate an effective
strategy to address the immediate security needs. The Committee
also emphasizes the need to carefully vet Afghan police and
army recruits, and to establish clear and coherent missions for
both.
The Committee is concerned with the humanitarian needs of
Palestinians, and has provided $50,000,000 for humanitarian,
refugee, and reconstruction assistance for the West Bank and
Gaza. The Committee prohibits any of these funds from being
made available to the Palestinian Authority. The Committee also
supports the expeditious use of funds previously appropriated
for the Palestinian people in the ``Wye Supplemental'' to meet
these urgent needs.
The Committee believes that unless the next generation of
Palestinians and Israelis learn to understand and respect each
others's differences and to work together to solve problems
through dialogue, there will be no end to the Middle East
conflict. Therefore, the Committee has provided that $5,000,000
of the International Disaster Assistance funds that are made
available for the West Bank and Gaza, and $5,000,000 of the
Economic Support Fund assistance that is made available for
Israel, shall be used for educational and cultural programs and
activities which promote reconciliation and understanding
between Palestinian and Israeli youth. deg.
Operating Expenses of the United States Agency for International
Development
2002 appropriation to date.............................. $549,000,000
2002 supplemental estimate.............................. 7,000,000
Committee recommendation................................ 5,000,000
The Committee has provided $5,000,000 for Operating
Expenses of the United States Agency for International
Development.
Other Bilateral Economic Assistance
ECONOMIC SUPPORT FUND
2002 appropriation to date.............................. $2,199,000,000
2002 supplemental estimate.............................. 525,000,000
Committee recommendation................................ 700,000,000
The Committee has provided $700,000,000 in Economic Support
Fund assistance. Of this amount, the Committee has designated
$15,000,000 to establish and administer an international
exchange program for secondary school students from countries
with significant Muslim populations. The Committee expects the
State Department to model this program on its successful Future
Leaders Exchange, which brings high school students from the
former Soviet republics to the United States to study at a
public high school for an academic year and live with an
American family. The Committee requests the Department of State
to provide a report no later than 3 months after the date of
enactment of this Act, in which it lists priority countries for
participation in the program, estimates the number of
participating students from each country, identifies United
States sponsoring organizations, and provides a schedule for
implementation of the program.
The Committee strongly supports the development of
independent media in the Middle East, and has provided that not
less than $3,500,000 shall be made available to support
programs and activities that provide professional training for
journalists from Egypt and other countries in the Middle East.
The Committee expects that funds will be provided to those
organizations with ongoing and successful foreign journalist
training programs.
The Committee also believes that the development of
independent media in Pakistan is essential to that country's
democratic development. The Committee has provided not less
than $3,500,000 to support this endeavor.
The Committee has provided $200,000,000 in Economic Support
Fund assistance for Israel to prevent or respond to
international terrorism. The Committee remains deeply
concerned about the lack of progress toward peace in the Middle
East. The Committee condemns the deadly terrorist attacks
against innocent Israeli citizens, which led to the recent
Israeli military incursion into the West Bank. This surge in
violence underscores the difficulty of restarting the peace
process. To ensure that additional U.S. assistance does not
fuel further violence, the Committee prohibits these funds from
being used for any activity related to the construction or
expansion of Israeli settlements in the West Bank or Gaza. The
Committee further requires the Secretary of State to submit a
report to the Committee, no later than March 31, 2003,
providing a detailed accounting of how these funds have been
used. The Secretary is directed to include in the report an
assessment of whether these funds have contributed in any
measurable way to reducing the level of violence and advancing
peace between Palestinians and Israelis, including the
identification of specific programs or measures that have been
undertaken with these funds to reduce violence or promote
peace. deg.
The Committee recognizes and appreciates the important role
that Jordan continues to play in regional security issues and
in seeking a peaceful resolution to the Palestinian-Israeli
conflict. The Committee strongly supports the administration's
request for military and economic assistance for Jordan.
The Committee notes that the administration proposes to
make available $2,000,000 in ESF funds for Cote d'Ivoire.
However, doing so would require waiving section 508 of Public
Law 107-115, which bars assistance to governments of countries
whose duly elected head of government is deposed by decree or
military coup. The Committee has not received sufficient
justification for waiving this important provision.
ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION
2002 appropriation to date.............................. $784,000,000
2002 supplemental estimate.............................. 110,000,000
Committee recommendation................................ 110,000,000
The Committee has provided $110,000,000 for certain Central
Asian countries, to support such needs as health, education and
exchanges, democracy and human rights, community development
and infrastructure, and economic growth. While the Committee
has also provided assistance elsewhere in this chapter for
border security and other law enforcement measures to prevent
or respond to international terrorism, it believes that
promoting economic development and strengthening democratic
institutions are essential to a long term counter-terrorism
strategy in this region.
Because of the history of authoritarian rule in many of
these countries, the Committee believes that every effort
should be made to promote political pluralism, strengthen civil
society, the rule of law and democratic institutions, and
protect human rights. The Committee has provided $7,000,000 for
these activities, to be administered by the State Department's
Bureau of Democracy, Human Rights and Labor.
The Committee requests that funds be made available to
support the establishment and operations of a National Security
Council in Georgia that will help facilitate cooperation with
the United States in preventing and responding to acts of
international terrorism, and to help coordinate the flow of
information and intelligence within the Government of Georgia.
The Committee strongly supports the use of volunteer
organizations, such as the International Executive Service
Corps, in development programs abroad. The Committee expects
the U.S. Agency for International Development to utilize these
organizations in appropriate programs and activities funded in
this chapter.
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
2002 appropriation to date.............................. $217,000,000
2002 supplemental estimate.............................. 114,000,000
Committee recommendation................................ 104,000,000
The Committee has provided $104,000,000 for International
Narcotics Control and Law Enforcement (INCLE) activities. Of
this amount, the State Department proposes to use $4,000,000 to
extend the presence of Colombian police forces to rural areas
previously under guerrilla or paramilitary control. This is a
first step to reestablishing government control throughout the
country. The Committee has also provided not less than
$2,500,000 for training and equipment for law enforcement
officers to protect Colombia's biological reserves and national
parks, which are increasingly vulnerable to coca growers and
illegal loggers.
The Committee has provided up to $4,000,000 for law
enforcement training for Indonesian police forces.
MIGRATION AND REFUGEE ASSISTANCE
2002 appropriation to date.............................. $705,000,000
2002 supplemental estimate..............................................
Committee recommendation................................ 50,000,000
The Committee is aware that the number of refugees
returning to Afghanistan has dramatically exceeded initial
estimates and that several other refugee crises in the Middle
East, Colombia, Africa and elsewhere threaten U.S. humanitarian
and national security interests. The Committee recognizes that
current funding levels will not be sufficient to adequately
address these needs and has provided $50,000,000 for these
purposes.
The Committee believes that repatriation of Afghan refugees
must be closely coordinated with reintegration and development
programs to increase the effectiveness of reconstruction
efforts in Afghanistan. The Committee is aware of concerns in
certain areas that insufficient resources exist, particularly
water, to support returning populations of refugees and
internally displaced persons. The Committee supports efforts to
immediately address these issues.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
2002 appropriation to date.............................. $313,500,000
2002 supplemental estimate.............................. 83,000,000
Committee recommendation................................ 93,000,000
The Committee has provided $93,000,000 for the
Nonproliferation, Anti-Terrorism, Demining and Related Programs
(NADR) account, of which $10,000,000 is for humanitarian
demining activities to address the ongoing threat of landmines
and other unexploded ordnance in Afghanistan and other
countries.
The Committee has provided that not to exceed $12,000,000
shall be made available for assistance for Indonesia, and that
these funds may be used only to train and equip an Indonesian
police unit to prevent or respond to international terrorism.
The Committee has received insufficient details regarding the
administration's plans for the use of these funds. However, the
Committee recognizes that Indonesia is a potential terrorist
haven and that these funds may be justified. The Committee,
like the State Department, believes this is a police function,
and expects effective measures to be taken to ensure that
officers who receive this assistance are properly vetted and
under civilian control. The assistance should be used in a
manner that is consistent with the larger goal of
strengthening, professionalizing and extending police presence
throughout the archipelago. The Committee is aware that
``Brimob'' Mobile Brigade units have a long history of human
rights abuses and has therefore prohibited assistance to these
units. The Committee requests to be consulted in connection
with any notification for the obligation of funds for
Indonesia.
The Committee is aware that the Nonproliferation and
Disarmament Fund may run out of funds before the end of this
fiscal year, and has therefore provided $1,000,000 for this
contingency fund to avoid any shortfall.
The Committee is aware that Bolivia has made great strides
in reducing coca cultivation. The Bolivian Government has
requested counter-terrorism training and assistance, and human
rights training, for its police forces, and the Committee urges
the State Department to seriously review these requests.
The Committee notes that the administration has requested
funds to demobilize combatants in Afghanistan. As
demobilization occurs, stockpiles of small arms and light
weapons will accumulate and inevitably find their way back into
circulation, if they are not destroyed. Therefore, the
Committee has provided $2,000,000 for small arms and lights
weapons destruction programs in Afghanistan.
MILITARY ASSISTANCE
Funds Appropriated to the President
FOREIGN MILITARY FINANCING PROGRAM
2002 appropriation to date.............................. $3,650,000,000
2002 supplemental estimate.............................. 372,500,000
Committee recommendation................................ 347,500,000
The Committee has provided $347,500,000 in Foreign Military
Financing assistance for certain countries.
The Committee strongly recommends that a portion of these
funds be used to establish, train and equip a Colombian army
brigade dedicated to providing security to civilian prosecutors
in operations to collect evidence and execute arrest warrants
against leaders of paramilitary organizations. The Committee
believes that such a brigade is urgently needed, as prosecutors
have been threatened and killed by paramilitaries, and numerous
outstanding arrest warrants against these individuals have not
been executed. A brigade dedicated solely to this function
would also demonstrate the army's commitment to combat
aggressively the growing paramilitary threat.
The Committee has provided that not to exceed $3,500,000
may be made available for the Colombian Armed Forces to protect
the Cano Limon pipeline, which has been the frequent target of
guerrilla attacks. However, the Committee notes that Occidental
Petroleum owns 44 percent of the pipeline and the Spanish oil
company Repsol owns 6 percent, and does not believe that
American taxpayers should pay the cost of protecting these
companies' investments. Therefore, the Committee has required
these companies to agree in writing to reimburse the United
States Government an amount, based upon each company's
ownership share of the pipeline, equal to the percentage that
each such share represents of the amount of funds made
available by this Act or subsequent Acts to the Colombian Armed
Forces for purposes of protecting the pipeline.
The Committee is aware that the majority of people living
in Arauca department, where the pipeline is located, remain
impoverished, despite the extraction of oil worth billions of
dollars from that area. The Committee believes that, if U.S.
assistance is provided to the Colombian Armed Forces to protect
the Cano Limon pipeline, the Secretary of State should ensure
that an appropriate amount of the Government's oil revenues
from the pipeline will be made available to improve the lives
of the people of Arauca, and that a transparent mechanism
exists to effectively monitor such funds.
The Committee notes that the administration proposes to
provide funds appropriated by this paragraph to Nepal to
support the government's campaign against a ruthless Maoist
insurgency. The Committee is not aware of any information tying
this insurgency to al Qaeda, but shares the administration's
concern for the security and welfare of the Nepalese people.
The Committee strongly condemns the atrocities committed by the
Maoist guerrillas, and remains concerned about human rights
violations by the Nepalese Armed Forces.
PEACEKEEPING OPERATIONS
2002 appropriation to date.............................. $135,000,000
2002 supplemental estimate.............................. 28,000,000
Committee recommendation................................ 20,000,000
The Committee has provided $20,000,000 for a U.S.
contribution to a multilateral fund for payment of military
salaries in Afghanistan.
MULTILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL FINANCIAL INSTITUTIONS
2002 appropriation to date.............................. $1,174,796,000
2002 supplemental estimate.............................. -157,000,000
Committee recommendation................................ -159,000,000
The Committee has rescinded $159,000,000 of the funds
provided in Public Law 92-301 and Public Law 93-142 for
maintenance of value payments to international financial
institutions, as requested by the President. The Committee
understands that there is no longer a need for these funds for
the purpose for which they were originally appropriated.
GENERAL PROVISIONS, THIS CHAPTER
Voluntary Family Planning Assistance
Sec. 601. The Committee has provided for the obligation and
disbursement of funds previously appropriated in Public Law
107-115 for the United Nations Population Fund, by not later
than July 10, 2002, unless otherwise prohibited by law. The
Committee notes that in Public Law 107-115 and the accompanying
Joint Explanatory Statement of the Committee of Conference, the
Congress appropriated $34,000,000 for the United Nations
Population Fund in fiscal year 2002. The Committee intends
these funds to be obligated and disbursed expeditiously, absent
proof that the United Nations Population Fund knowingly
supports or participates in the management of a program of
coercive abortion or involuntary sterilization.
ELIGIBILITY CONDITIONS
Sec. 602. The Committee notes that President Bush, other
administration officials, and Members of Congress, have called
for tying foreign assistance to countries' performance in areas
of governance, sound economic policies, and investments in
health and education. The Committee agrees that, absent a
demonstrated commitment in these areas, assistance to
governments may be squandered. The Committee also notes that
many of the world's neediest people are suffering because their
governments are autocratic and corrupt. The Committee has
included a provision which directs the Secretary of State to
take into account, prior to providing assistance to a
government with funds appropriated by this chapter, whether the
government has established, or is making substantial progress
in establishing, certain policies and practices relating to
democracy, economic development, and combating poverty. The
Committee requests the Secretary of State to submit a report, 6
months after enactment of this Act describing (1) the extent to
which progress, or lack of progress, in these areas was taken
into account, and (2) progress by governments receiving
assistance appropriated by this chapter toward establishing
such policies and practices.
COLOMBIA
Sec. 603. Under current law, U.S. assistance to the
Colombian Armed Forces and National Police is limited to
counter-drug activities. The Committee has broadened current
authority to permit the use of U.S. equipment, and U.S.-trained
counter-drug battalions, to support the Colombian Government's
unified campaign against narcotics trafficking and terrorist
organizations in that country. The Committee has ensured that
the human rights conditions in Public Law 107-115 apply to
assistance for Colombia in this Act, including the numerical
limitations on the number of U.S. military personnel and U.S.
individual civilian contractors in Colombia, and has included
additional conditions on the exercise of the new counter-
terrorism authority. Those conditions include a commitment by
the newly inaugurated President of Colombia to implement
significant budgetary and personnel reforms of the Colombian
Armed Forces, and to expend substantial additional Colombian
financial and other resources to restore government authority
and respect for human rights in areas under the effective
control of paramilitary and guerrilla organizations. The
Committee intends that the reforms and additional resources
will result in a better educated, higher paid, professionally
trained military which respects human rights.
The Committee is concerned that the administration has
inadequately articulated clear objectives of U.S. policy in
Colombia, or what actions would be required and what it would
cost to achieve those objectives. Therefore, the Committee
requests the Secretary of State, in consultation with the
Secretary of Defense, to submit a report to the appropriate
congressional committees, prior to exercising the authority to
use Andean Counterdrug Initiative funds for counter-terrorism
purposes, describing in detail--
(1) the President's policy toward Colombia; the objectives
of that policy; the actions required by and the expected
financial cost to the United States, Colombia, and any other
country or entity to achieve those objectives; and the expected
time schedule for achieving those objectives;
(2) specific benchmarks for measuring progress toward
achieving the objectives of the President's policy;
(3) the expected reduction, if any, in the amount of
cocaine and heroin entering the United States as a result of
the President's Andean Counterdrug Initiative within the
expected time schedule; and
(4) the mission and objectives of United States Armed
Forces personnel and civilian contractors employed by the
United States in connection with such assistance, and the
threats to their safety in Colombia.
(rescission)
Sec. 604. The Committee has included a $50,000,000
rescission in prior year appropriations for the Export-Import
Bank of the United States that are available for tied-aid
grants, and $25,000,000 in prior year ``Economic Support Fund''
assistance.
CHAPTER 7
Subcommittee on Interior and Related Agencies
DEPARTMENT OF THE INTERIOR
United States Fish and Wildlife Service
Resource Management
2002 appropriation to date.............................. $850,597,000
2002 supplemental estimate..............................................
Committee recommendation................................ 412,000
The Committee recommends $412,000 for Resource Management
for homeland security activities undertaken by the Fish and
Wildlife Service. The Committee understands that the Fish and
Wildlife Service has spent $1,136,000 on homeland security
efforts to date. Of that amount, the Service is seeking
reimbursement of $200,000 from the Federal Aviation
Administration for expenses related to sky marshal deployment.
Additionally, the Committee is providing $524,000 through
Departmental Management for security duties performed by Fish
and Wildlife Service employees at the Main Interior Building.
Consequently, the remaining $412,000 is made available directly
to the Fish and Wildlife Service through resource management
for continuity of operations and for airport security details.
Construction
2002 appropriation to date.............................. $55,543,000
2002 supplemental estimate..............................................
Committee recommendation................................ 3,125,000
The Committee recommends $3,125,000 for homeland security-
related construction needs. Of the funds provided, $1,700,000
is for priority general safety upgrades identified by the Fish
and Wildlife Service, $660,000 is for dam safety measures, and
$765,000 is for security needs at the Clark R. Bavin National
Fish and Wildlife Forensics Laboratory.
National Park Service
Construction
2002 appropriation to date.............................. $387,668,000
2002 supplemental estimate..............................................
Committee recommendation................................ 17,651,000
The Committee recommends $17,651,000 for National Park
Service construction. These funds are intended to enhance
security at the Washington Monument and the Jefferson Memorial,
two of the Nation's most notable landmarks. Both of these
important national treasures have been found in an independent
study to be extremely vulnerable to terrorist attack. Of the
funds made available, $12,980,000 is for the installation of an
in-ground retaining wall around the Washington Monument, and
$4,671,000 is for the installation of bollards around the
Jefferson Memorial. The Committee urges the National Park
Service to expedite this work to the maximum extent possible.
United States Geological Survey
Surveys, Investigation, and Research
2002 appropriation to date.............................. $914,002,000
2002 supplemental estimate..............................................
Committee recommendation................................ 26,776,000
The Committee recommends an additional amount of
$26,776,000 for surveys, investigations, and research of the
United States Geological Survey (USGS). Of this total,
$20,000,000 is provided to the Survey for high resolution
mapping and imagery of the Nation's most strategic cities and
$6,776,000 is provided to the Earth Resources Observation
Systems Data Center (EDC) to initiate two critical projects. Of
the amounts provided to EDC, $6,000,000 is designated for
storage infrastructure upgrades to convert all archived data on
outdated types of media to disk-based storage, and $776,000 is
provided for an improved backup power supply system that will
ensure the uninterrupted delivery of satellite data.
Bureau of Indian Affairs
Operation of Indian Programs
(Rescission)
2002 appropriation to date.............................. $1,799,809,000
2002 supplemental estimate.............................. -10,000,000
Committee recommendation................................ -10,000,000
The Committee recommends the rescission of $10,000,000
provided in the fiscal year 2001 Supplemental Appropriations
Act for activities at the San Carlos Irrigation Project. These
funds were originally made available during the California
energy crisis and are no longer needed.
Departmental Offices
Departmental Management
salaries and expenses
2002 appropriation to date.............................. $69,946,000
2002 supplemental estimate..............................................
Committee recommendation................................ 7,030,000
The Committee recommends $7,030,000 for security
enhancements and other security related costs. Of that amount,
the Committee has provided $2,900,000 for upgrades to the
current employee security access control system, procurement
and installation of a building-wide public address system, and
the installation of protective window film at the Main Interior
Building complex. The Committee has also provided $3,117,000
for the repayment of law enforcement costs associated with
security detail assignments at the Main Interior Building. The
Committee anticipates that this $3,117,000 will be allocated as
follows: $161,000 to the Bureau of Indian Affairs, $786,000 to
the Bureau of Land Management, $626,000 to the Fish and
Wildlife Service, $1,401,000 to the National Park Service, and
$143,000 to the Office of the Secretary. Finally, the Committee
has provided $1,013,000 for the establishment of various
homeland security planning and coordination positions at both
the department and bureau level.
RELATED AGENCY
DEPARTMENT OF AGRICULTURE
Forest Service
Capital Improvement and Maintenance
2002 appropriation to date.............................. $546,188,000
2002 supplemental estimate..............................................
Committee recommendation................................ 3,500,000
The Committee is concerned that aircraft used for fire
suppression are especially vulnerable to terrorism, vandalism
and theft, and therefore recommends $3,500,000 for enhancement
of facilities to protect these aircraft and related support
equipment.
OTHER RELATED AGENCY
Smithsonian Institution
Construction
2002 appropriation to date.............................. $30,000,000
2002 supplemental estimate..............................................
Committee recommendation................................ 2,000,000
The Committee recommends an amount of $2,000,000 within
construction to initiate the planning and design of an alcohol
collections storage facility. The Smithsonian holds the largest
collection of this kind in the world and, at present, a large
portion of it is stored in the National Museum of Natural
History. The Institution has requested this amount in the
fiscal year 2003 budget estimate and indicated that it is the
most important safety and security project. Given this
information, the Committee has advanced the appropriation of
funds required to begin planning and design in order to
accelerate the project.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 701. Grants to the Minerals Management Service the
necessary authority to recover certain transportation and
administrative costs associated with filling the Strategic
Petroleum Reserve. Funds previously reprogrammed for this
purpose may instead be used to cover the agency's costs
resulting from the shutdown of internet service at the
Department of the Interior.
Sec. 702. Provides the Secretary of Agriculture and the
Secretary of the Interior the authority to enter into
reciprocal agreements with foreign nations concerning the
personal liability of firefighters. Under existing law, foreign
firefighters, unlike their American counterparts, are subject
to personal liability for their actions while fighting fires on
behalf of the United States. This section remedies this problem
by extending the protection of the Federal Tort Claims Act to
these foreign firefighters. Any foreign country with which the
Secretaries negotiate such an agreement must extend similar
liability protection to American firefighters who may be called
to fight fire in those countries.
CHAPTER 8
Subcommittee on Labor, Health and Human Services, and Education, and
Related Agencies
DEPARTMENT OF LABOR
Employment and Training Administration
Training and Employment Services
2002 appropriation to date.............................. $5,662,334,000
2002 supplemental estimate.............................. 750,000,000
Committee recommendation................................ 400,000,000
The Committee recommends $400,000,000, in contingent
emergency funding, to assist dislocated workers, which is
$350,000,000 below the supplemental request. The recommendation
includes $200,000,000 for national emergency grants and
demonstration and pilot projects, $80,000,000 for State formula
grants, $110,000,000 to reverse the rescission of State formula
grant funds enacted last year, and $10,000,000 for transfer to
the Commerce Department for activities of the Economic
Development Administration. Of the $10,000,000 included for the
Economic Development Administration, $8,300,000 is for public
works investments, and $1,700,000 is for planning investments.
The recommendation compares to the budget request of
$550,000,000 for national emergency grants, up to $50,000,000
for demonstration and pilot projects, $110,000,000 to reverse
last year's rescission, and $40,000,000 for economic
development assistance through the Department of Commerce.
This supplemental recognizes that an estimated 2.2 million
persons have lost their jobs during the past year. Since
September 2001, the number of unemployed has risen from 7.1
million to 8.4 million. Even as the economy improves,
experience indicates that the impact of job losses linger far
after the end of a recession, making job training services a
vital component of sustained economic recovery.
The recommendation includes a provision giving Governors
authority to consider the level of local area unspent funds in
determining allocation of the additional funding recommended
for State formula grants.
Of the funds recommended for national emergency grants, the
Secretary is urged to give priority consideration to States
that suffer significant reductions in funds as a result of
program year 2002 formula changes. The Committee also urges the
Secretary to give priority consideration to States that have
low unexpended balances of previously appropriated funds.
Due to budgetary constraints, the Committee has not
specifically earmarked funds for multi-state and multi-service
projects as requested by the administration. However, to the
extent possible within the total amount recommended, the
Committee encourages funding of projects that would target
high-growth sectors of the economy where worker shortages
exist, including all educational levels of nurses, and involve
partnerships among business, the State workforce investment
system, the Department of Labor, and high quality training
providers, including community colleges.
The Committee notes that young adults, age 16 to 24, have
been disproportionately affected by the decline in total
employment over the past year. Therefore, the Committee
strongly urges that special attention be given to the
employment needs of young adult dislocated workers in utilizing
the additional funding recommended for dislocated worker
assistance.
The Committee directs the Department to award the grant for
the New Mexico Telecommunications Call Center Training
Consortium that was provided in the Consolidated Appropriations
Act, 2001 by June 30, 2002.
Occupational Safety and Health Administration
SALARIES AND EXPENSES
The Committee is disturbed that the Occupational Safety and
Health Administration has failed to follow the direction set
forth in the Committee Report--Departments of Labor, Health and
Human Services, and Education and Related Agencies
Appropriations Bill, 2002 (Senate Report 107-84) to restore
funding for existing Institutional Competency Building training
grants and instead has indicated that it intends to use the
appropriated funds to fund a new round of 1 year transitional
institutional competency building grants. The Committee directs
the agency to use the funds as appropriated for fiscal year
2002 to restore the 25 percent cut made in September 2001 in
the Institutional Competency Building training grants and to
fund a third year of program activities for all those existing
grantees that have performed satisfactorily. In addition, the
Committee directs the agency to extend the funding for targeted
training grants awarded in September 2001 for another year for
all those existing grantees included in that round of grants
who have performed satisfactorily.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
Health Resources and Services
2002 appropriation to date.............................. $309,600,000
2002 supplemental estimate (rescission)................. -20,000,000
Committee recommendation................................................
The Committee does not approve the request to cancel
$20,000,000 of the $105,000,000 appropriated for the Community
Access Program in fiscal year 2002. Instead, the Committee
recommends a General Provision, reducing administrative
expenses on a pro rata basis.
The Committee has inserted reference to title IV of the
Public Health Service Act to authorize the Health Resources and
Services Administration (HRSA) to carry out Section 417C of the
Public Health Service Act (42 U.S.C. 285a-9). Funds
appropriated in Public Law 107-116 are to be used for grants
for education, prevention, and early detection of radiogenic
cancers and diseases, of which $1,000,000 shall be available to
enter into a cooperative agreement with the National Research
Council under which the Council shall: (1) provide technical
assistance to HRSA and its grantees on improving accessibility
and quality of services and (2) report to HRSA on the most
recent scientific information related to radiation exposure and
associated cancers or other diseases, with recommendations for
improving services for exposed persons.
The Committee recommends the following technical
corrections for projects previously outlined in House Report
107-342.
--Transfer $315,000 from the health facilities construction
and renovation account to the rural health outreach
grant program. These previously appropriated funds
support the Children's Health Fund.
--Transfer $2,000,000 from the rural health research grant
program to the health facilities construction and
renovation account. These previously appropriated funds
support the Raleigh County, West Virginia County
Commission for an educational mall to serve as a
coordinating and research location for rural health
initiatives, especially in preventive medicine.
--Transfer $2,000,000 from the Telehealth grant program to
the health facilities construction and renovation
account. These previously appropriated funds support
the University of South Dakota School of Medicine.
--Transfer $330,000 from the health facilities construction
and renovation account to the rural health outreach
grant program. These previously appropriated funds
support the University of Northern Colorado Low-
Incidence Disabilities Center.
The Committee clarifies that the awardee for the National
Center for Health Care Informatics is St. James Health Care
rather than the University of Montana.
The Committee also clarifies that the awardee for the
Center for Delta Health project is Mississippi State
University.
Centers for Disease Control and Prevention
DISEASE CONTROL, RESEARCH, AND TRAINING
2002 appropriation to date.............................. $4,305,151,000
2002 supplemental estimate..............................................
Committee recommendation................................ 315,000,000
The Committee recommends an additional $315,000,000 for the
Centers for Disease Control and Prevention. The administration
did not request a supplemental appropriation for CDC. Included
in this amount is $28,000,000 for construction and
rehabilitation of facilities in Atlanta related to
bioterrorism. These funds are included in the administration's
fiscal year 2003 budget request. The Committee recommends
$37,000,000 to improve security, including information
technology security. The Committee's recommendation also
includes $250,000,000 to accelerate the planning, design and
construction of new facilities in Atlanta, as well as the
repair and renovation of existing facilities at CDC. This is
$186,000,000 above the fiscal year 2003 budget request.
The Committee believes that CDC, as the primary agency
responsible for public health, must have adequate facilities
and equipment in order to respond effectively to bioterrrorism
and other disease outbreaks. Last fall's anthrax attacks
demonstrated the vulnerability of our Nation's public health
system to biological terrorism and also highlighted the need
for additional resources at the Federal level. For example, the
Committee understands that CDC analyzed over 10,000 anthrax-
related specimens, which placed a severe strain on its
inadequate and outdated facilities. At one point testing on
anthrax samples was delayed for 15 hours because of severe
electrical problems. Should a larger public health emergency
occur, CDC would be overwhelmed and more than likely unable to
respond. For this reason the Committee believes these
additional funds are needed immediately to ensure that CDC
facilities are secure and are equipped to handle the most
deadly and infectious pathogens.
National Institutes of Health
BUILDINGS AND FACILITIES
(Including Rescission)
2002 appropriation to date.............................. $309,600,000
2002 supplemental estimate (rescission)................. -30,000,000
Committee recommendation (including rescission)......... 42,000,000
The Committee recommends a rescission of $30,000,000 from
the buildings and facilities account. The budget request
proposed that $30,000,000 be cancelled by postponement of
several unspecified NIH construction projects. The Committee
recommendations specifically rescinds $9,300,000 from safety
and regulatory compliance and repairs and improvements and also
rescinds $20,700,000 from the Phase I renovation of Building 10
on the NIH campus.
The Committee is aware of an approximate $145,000,000 cost
overrun to the NIH Clinical Research Center (CRC). There will
also be a delay of approximately 1 year in completing the
facility. The Committee expects a report within 30 days on how
the Department of Health and Human Services intends to finance
the cost increase. The Committee also understands that the HHS
Inspector General is reviewing the project.
The Committee recommends an additional $72,000,000 for
Buildings and Facilities. The administration did not request a
supplemental appropriation for this account. These funds, which
are for security improvements at the NIH campus, were included
in the administration's fiscal year 2003 budget request. The
Committee believes these funds are needed in fiscal year 2002
to ensure that NIH has the secure facilities necessary to
conduct research that could lead to new vaccines and therapies
for use in a possible bioterrorism attack.
Office of the Secretary
Public Health and Social Services Emergency Fund
2002 appropriation to date.............................. $2,887,263,000
2002 supplemental estimate..............................................
Committee recommendation................................ 90,000,000
The Committee has included $90,000,000 for the Centers for
Disease Control and Prevention for the protection, monitoring,
and study of the health of emergency services personnel and
rescue and recovery personnel exposed to environmental
contaminants in the wake of the terrorist attacks of September
11, 2001, at the World Trade Center in New York City. The
administration did not request a supplemental appropriation for
this account. Such efforts shall build and expand upon efforts
initiated post-9/11, and shall be conducted in coordination
with the State of New York, the City of New York, and affected
labor organizations. These efforts shall include communication
and outreach to, baseline health monitoring of, and long-term
health monitoring and study (including scientifically sound
epidemiological studies) of individuals involved in rescue and
response efforts. In addition, mechanisms should be in place to
refer personnel to appropriate health services and to determine
their eligibility for health coverage. No less than $25,000,000
of such funds shall be made available for such activities for
both active and retired New York City firefighters that
responded to the terrorist attacks of September 11, 2001, at
the World Trade Center.
DEPARTMENT OF EDUCATION
School Improvement Programs
The Committee has included a technical amendment which
provides funds to the Digital Educational Programming Grants
component of the Reach-to-Teach program.
The Committee recommendation includes bill language to
clarify the total amount of the funding available under this
heading in Public Law 107-116 for the Fund for the Improvement
of Education. The recommendation also includes bill language to
clarify the amount of funding available for Cooperative
Education Exchange Programs, authorized under section 2345 of
part D of title V.
The Committee recommendation includes bill language that
makes technical corrections to projects specified in the
statement of the managers on the conference report accompanying
the Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2002.
STUDENT FINANCIAL ASSISTANCE
2002 appropriation to date.............................. $12,285,500,000
2002 supplemental estimate.............................. 1,276,000,000
Committee recommendation................................ 1,000,000,000
The Committee recommendation includes an additional
$1,000,000,000 for the Pell Grant program to address an
accounting shortfall in the program. These funds are
recommended to address the situation that was created last year
when more students applied for and received Pell Grants than
was originally estimated because more individuals chose school
over the labor market as the economy worsened and the effects
of the attacks of September 11 were fully realized. The
Committee has included bill language making this funding
subject to the emergency requirements of section 251 of the
Balanced Budget and Emergency Deficit Control Act. The
administration proposed cutting up to $800,000,000 in education
programs enacted as part of the No Child Left Behind Act
(Public Law 107-110), as well as other important labor, health
and education programs to pay for its $1,276,000,000 Pell
supplemental.
The Committee's strong support of the Pell Grant program is
very clear and is reflected in last year's record funding
increase of $1,558,000,000 and new record Pell Grant maximum
award of $4,000. The funding increase was $558,000,000 more
than requested by the administration and these additional funds
supported an increase in the maximum grant to $4,000 in the
2002-2003 academic year. The Committee increased the maximum
award by $250 over the current academic year, which was $150
more than proposed by the administration. Further, the
Committee has increased the maximum Pell Grant award from
$3,300, with enactment of the Department of Education
Appropriations Act, 2000, to $4,000 last year. In addition, in
fiscal year 2002 the Committee eliminated the authority to
reduce Pell grant awards of students in case a shortfall
existed in the program. The Committee's action ensures that all
eligible students will receive their full Pell Grant award
amounts as calculated under the Higher Education Act of 1965.
The Committee is concerned about statements issued by the
Department of Education that indicate low and middle income
students could have their Pell Grant awards reduced or
eliminated. The Committee notes that in 1999-2000 more than 80
percent of Pell Grant recipients had incomes less than or equal
to $30,000. The Committee recommends that the Department of
Education review their statements related to this subject and
take appropriate action so that students will be assured that
Pell Grant aid will be available and will not be reduced.
The Committee notes that in the current 2001-2002 academic
year a shortfall of more than $1,000,000,000 is being run in
the program without any effect on student grant awards. The
funding and student award levels for the current academic year
were set by the Department of Education Appropriations Act,
2001, which was enacted in December of 2000. The estimates of
the number of students eligible under the program and the Pell
Grant award amounts they were likely to receive did not
anticipate the slow economy last year and the attacks of
September 11. These factors contributed to significantly higher
costs for the Pell Grant program and the resultant program
shortfall. The Committee is aware that the financing method of
the program itself leads to shortfalls or surpluses existing in
the program every year, as estimates of the number of students
eligible and their award amounts inevitably lead to
overestimates or underestimates of program costs. In 6 of the
past 12 years shortfalls have existed in the Pell Grant
program.
Higher Education
The Committee recommendation includes bill language making
technical corrections to several projects funded in the Fund
for the Improvement of Post Secondary Education.
Education Research, Statistics, and Assessment
The Committee has included bill language which extends for
1 additional year the contract for the Eisenhower National
Clearinghouse for Mathematics and Science Education.
RELATED AGENCY
Social Security Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
The Committee is very concerned by a recent report of the
Social Security Inspector General which revealed that 1 in 12
foreign persons receiving new Social Security numbers last year
did so using fake documents. The report estimated that 100,000
Social Security numbers were wrongly issued to noncitizens in
2000. In addition, the Committee is aware that some of the
September 11th hijackers had opened bank accounts and gotten
credit cards with falsely obtained Social Security numbers. The
Committee directs the Social Security Administration to work
together with the Immigration and Naturalization Service to
find promptly an effective and appropriate means of verifying
foreign credentials to stem this disturbing trend.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 801. The Committee has included bill language
regarding impact aid that modifies the number of students
required in a portion of the payment formula for heavily
impacted districts. All districts that received funding under
this portion of the payment formula in fiscal year 2001 would
continue to receive it in fiscal year 2002, and no districts
would be dropped.
Sec. 802. The Committee has included bill language on the
impact aid program that modifies the provision on determining a
district's local contribution rate (LCR). The change prevents
dramatic, 1-year decreases in LCRs in those States that compute
their rates on the basis of comparable districts' LCRs.
Sec. 803. The Committee recommendation includes a pro rata
reduction of $45,000,000 in administrative expenses for the
Department of Labor, the Department of Health and Human
Services, and the Department of Education, instead of the
amounts proposed for rescission from the National Institutes of
Health and the Health Resources and Services Administration.
Bill language specifies that this reduction shall not apply to
the Food and Drug Administration and the Indian Health Service,
since these agencies are not funded in the Labor-HHS-Education
appropriations bill. The Committee expects that the Office of
Management and Budget will determine the precise reductions for
each operating division within the Department of Health and
Human Services.
Sec. 804. The Committee has included a technical provision
for the grant program for workplace and community transition
training for incarcerated youth offenders.
Sec. 805. The Committee has included bill language to
identify the ``National Research Service Awards'' program as
the ``Ruth L. Kirschstein National Research Service Awards''
program. This action is being taken, at the bi-partisan
recommendation of Members of both the House of Representatives
and the Senate, to honor the career of Dr. Ruth L. Kirschstein.
A native of Brooklyn, New York, Dr. Kirschstein received a B.A.
degree magna cum laude in 1947 from Long Island University.
Ruth was married on June 11, 1950, to Alan Rabson. Dr. Rabson
is currently the Deputy Director of the National Cancer
Institute. In 1951, she received her M.D. from Tulane
University School of Medicine. She interned in medicine and
surgery at Kings County Hospital, Brooklyn, and performed
residencies in pathology at Providence Hospital, Detroit;
Tulane University School of Medicine; and the Warren G.
Magnuson Clinical Center.
From 1957 to 1972, Dr. Kirschstein performed research in
experimental pathology at the Division of Biologics Standards
(now the Center for Biologics Evaluation and Research, Food and
Drug Administration). During that time, she helped develop and
refine tests to assure the safety of viral vaccines for such
diseases as polio, measles, and rubella. Her work on polio led
to the selection of the Sabin vaccine for public use.
Since 1974, Dr. Kirschstein has been serving in leadership
positions at the National Institutes of Health (NIH). When she
first began her service to NIH, she served as Director of the
National Institute of General Medical Sciences. She held this
position for 14 years. From 1990 to 1991, Dr. Kirschstein also
served as Acting Associate Director of the NIH on research on
women's health.
Dr. Kirschstein served as Acting Director of the National
Institutes of Health between January 2000 and May 2002. Prior
to that post, Dr. Kirschstein served as the Deputy Director
between 1993 and 1999.
Dr. Kirschstein has received many honors and awards,
including the Presidential Meritorious Executive Rank Award,
1980; election to the Institute of Medicine, 1982; the Public
Health Service Equal Opportunity Achievement Award, 1983; a
doctor of science degree from Mt. Sinai School of Medicine,
1984; the PHS Special Recognition Award, 1985; the Presidential
Distinguished Executive Rank Award, 1983; an honorary doctor of
laws degree from Atlanta University, 1985; an honorary doctor
of science degree from the Medical College of Ohio, 1986; the
Harvey Wiley FDA Commissioner's Special Citation, 1987;
selection by the Office of Personnel Management as 1 of 10
outstanding executives and organizations for its first group of
``Profiles in Excellence,'' 1989; the Dr. Nathan Davis Award
from the AMA, 1990; an honorary doctor of humane letters from
Long Island University, 1991; election as a fellow of the
American Academy of Arts and Sciences, 1992; and the Public
Service Award from the Federation of American Societies for
Experimental Biology in 1993.
In 2000, Dr. Kirschstein received the Albert B. Sabin
Heroes of Science Award from the Americans for Medical Progress
Education Foundation. In the following year, she received
honorary degrees from Spelman College and from Georgetown
University Medical School. She also received the AAMC Women in
Medicine Program's ``History Maker Award'' and was recognized
by the Anti-Defamation League, which bestowed her with the
Women of Achievement Award. In 2002, Dr. Kirschstein received
the Ad-Hoc Group for Medical Research Funding ``Special
Recognition Award,'' as well as the H. Richard Nesson, M.D.
Award from Harvard Medical School.
Dr. Kirschstein has been both a visionary and a leader
during her service at NIH and has helped to make it the world's
premier biomedical research agency. In particular, Dr.
Kirschstein led the cutting edge of two of the most important
research trends of this generation. She played a pivotal role
in launching the Human Genome Project. She is also credited
with providing early and crucial support to women's health
research, developing a central inventory of women's health
studies, services and programs for the NIH and pioneering the
NIH Office of Women's Health Research.
While serving as Acting Director of NIH, Dr. Kirschstein
has worked with Congress to achieve a doubling of the NIH
budget. Through her leadership, commitment, contributions and
unselfish service to the biomedical research community and NIH,
Dr. Kirschstein continues to serve her Nation. The Committee
believes the naming of the National Research Service Awards as
the Ruth L. Kirschstein National Research Service Awards is a
fitting tribute to her outstanding service to this country.
Sec. 806. The Committee has included bill language which
clarifies how the State of Alaska would make payments under the
Federal Unemployment Tax Act.
CHAPTER 9
Subcommittee on the Legislative Branch
LEGISLATIVE BRANCH
JOINT ITEMS
Capitol Police Board
CAPITOL POLICE
General Expenses
2002 appropriation to date.............................. $13,146,000
2002 supplemental estimate.............................. 7,000,000
Committee recommendation................................ 3,600,000
The Committee recommends $3,600,000 for general expenses of
the U.S. Capitol Police. These funds are needed for
unanticipated expenses associated with the increased security
posture.
GOVERNMENT PRINTING OFFICE
Congressional Printing and Binding
2002 appropriation to date.............................. $81,000,000
2002 supplemental estimate.............................. 5,875,000
Committee recommendation................................................
The Committee has not recommended funds for congressional
printing and binding to replenish a prior-year shortfall. The
Government Printing Office has requested funds for this
requirement in the fiscal year 2003 budget, and the Committee
intends to address the need in the regular fiscal year 2003
appropriation as this is not an emergency.
Government Printing Office Revolving Fund
2002 appropriation to date.............................. $4,000,000
2002 supplemental estimate.............................. 2,000,000
Committee recommendation................................................
The Committee has not recommended funds for asbestos
abatement in Government Printing Office buildings. The
Government Printing Office has requested funds for this
requirement in the fiscal year 2003 budget, and the Committee
intends to address the need for asbestos abatement in the
regular fiscal year 2003 appropriation.
LIBRARY OF CONGRESS
Copyright Office
Salaries and Expenses
2002 appropriation to date.............................. $40,896,000
2002 supplemental estimate.............................. 7,500,000
Committee recommendation................................ 7,500,000
The Committee recommends $7,500,000 for the Copyright
Office, salaries and expenses, as requested. These funds are
needed due to the security-related suspension of delivery of
U.S. Postal Service mail to the Library of Congress which has
resulted in decreased receipts for the Copyright Office. Two-
thirds of the Copyright Office's budget is funded through fees
and without an emergency appropriation, the Copyright Office
would be unable to maintain operations and staff at the level
needed for routine operations.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 901. The Committee has included an administrative
provision authorizing an adjustment for fiscal year 2002 in the
Senators Official Personnel and Office Expense Account of up to
$20,000 for each Senate office, for expenses directly related
to the terrorist attacks of September 11, 2001 or the
displacement of Senate offices owing to the discovery of
anthrax in the Senate complex. Such an adjustment requires
certification by the Senator to the Secretary of the Senate.
Secs. 902-903. Technical corrections are made to Public Law
107-117 relative to authorities provided to the U.S. Capitol
Police to enhance recruitment and retention of officers, and
other matters.
Sec. 904. Authorizes the Architect of the Capitol to
procure space for an alternate computing facility for
legislative branch offices, subject to the approval of the
Senate Committee on Rules and Administration and House Office
Buildings Commission.
CHAPTER 10
Subcommittee on Transportation and Related Agencies
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
Transportation Administrative Service Center
(limitation on obligations)
2002 appropriation to date.............................. ($116,023,000)
2002 supplemental estimate.............................. (128,123,000)
Committee recommendation................................ (128,123,000)
The Committee bill includes a general provision (section
1001) amending Public Law 107-117 to allow for an increase in
the obligation limitation for the Transportation Administrative
Service Center of $12,100,000, consistent with the President's
budget request. The additional amount is expected to cover the
increased security costs associated with centralized Department
of Transportation functions. Such costs include the
requirements for enhanced communications and information
security, enhanced building security, improved ventilation
protection and increased security protection for the Secretary.
Simultaneous termination of visas and drivers licenses.--
The Committee notes that the administration's Director for
Homeland Security has publicly advocated a national policy
change requiring that drivers licenses granted to temporary
immigrants be terminated on the same date as their visas are
terminated. The Committee believes that this recommendation has
merit and directs the Secretary of Transportation to serve as a
liaison between the State motor vehicle authorities and the
Immigration and Naturalization Service so that this policy
change can be implemented as soon as possible.
Transportation Security Administration
2002 appropriation to date.............................. $1,250,000,000
2002 supplemental estimate.............................. 4,400,000,000
Committee recommendation................................ 4,702,525,000
The Committee recommends increased resources for the
Transportation Security Administration totaling $4,702,525,000.
The amount provided is $302,525,000 more than the
administration's request. Adjustments to the administration's
request are as follows:
Enhance Resources For Port Security Grants.............. +$200,000,000
Delete Funding For Criminal Investigators............... -15,420,000
Enhance Perimeter and Terminal Security................. +35,000,000
Initiate Funding For Over-The-Road Bus Security......... +20,000,000
Expedite Non-passenger Aviation Security Technology
Development......................................... +15,000,000
Expedite Deployment of Operation ``Safe Commerce''...... +27,945,000
Initiate incident training for ports.................... +20,000,000
Customer Service Goals.--The Secretary of Transportation,
as well as the senior leadership of the Transportation Security
Administration, has articulated their goal that no airline
passenger will be required to wait longer than 10 minutes to
pass through the newly federalized security checkpoints at
airports. In order to monitor the Transportation Security
Administration's compliance with its stated goal, the Committee
directs the agency to regularly publish monthly statistics
regarding the agency's record of compliance with this goal.
Specifically, the Committee directs the agency to publish on
the agency's web site the monthly wait duration figures for
each airport. These reports should cite the average passenger
wait period at each airport, the wait period during pre-
identified peak travel periods at each airport, and the number
of hours during the month during which the wait period exceeded
the agency's stated 10-minute goal. The Committee recognizes
that compliance with the 10-minute goal will require a constant
effort at identifying peak passenger demand and scheduling the
work hours of TSA employees accordingly. The published monthly
reports will allow the Committee, senior TSA managers, and the
flying public to monitor the agency performance in this area.
Privacy and Dignity of Airline Passengers.--The Aviation
and Transportation Security Act (ATSA), Public Law 107-71,
requires that all checked baggage be screened for the possible
presence of explosives no later than December 31, 2002.
Recently, the administration dramatically restructured its
plans for the deployment of explosive detection technologies,
halving its planned deployment of explosive detection machines
in favor of a massive deployment of explosive trace detection
machines. Such trace detection machines were never initially
designed to serve as the single determinant for the presence of
explosives in checked baggage. The administration's decision to
use trace detection machines for this purpose will require a
substantial percentage of passenger bags to be opened and,
sometimes, searched in order to achieve the same level of
explosive detection capability as would be provided through the
use of explosive detection machines.
The administration's planned explosive detection regime
holds the potential to greatly compromise the privacy and
dignity of air passengers, as Federal employees open and, in
many instances, search their luggage. This will be especially
true at the more than three quarters of the Nation's airports
where trace detection will be the sole means used to detect
explosives in checked baggage. As such, the Committee directs
the Under Secretary of Transportation for Security to implement
measures to ensure that no piece of luggage will be opened
within the view of other passengers or any other individuals
other than the minimum number of TSA employees that must be
present for the explosive detection function. The Under
Secretary is directed to make whatever investments are
necessary with the funds provided to ensure compliance with
this directive.
Reliability of trace detection machines.--The Committee
notes that the Department of Transportation Inspector General
has testified to the Congress that certain trace detection
technologies have experienced significant operational and
maintenance-related deficiencies in the field. Given the
administration's decision to deploy thousands of trace
detection machines for the purpose of detecting explosives in
baggage, the Committee expects the TSA to be attentive to the
long term historical performance of these technologies in
making its procurement decisions. The Committee does not want
to face a near term requirement to replace these machines due
to operational or maintenance-related problems.
Criminal Investigators.--The Committee has not included
$15,420,000 requested by the Transportation Security
Administration for criminal investigators. The Committee has
provided more funding for law enforcement officers than was
requested by the administration as a result of the additional
funds provided by the Committee for expanded perimeter and
terminal security. The Committee believes, however, that the
criminal investigation function is beyond the responsibilities
granted to the agency by the Aviation and Transportation
Security Act. Moreover, the Committee believes that the limited
number of instances where criminal investigations may be
necessary can be handled appropriately by local law enforcement
agencies or, when necessary, the Federal Bureau of
Investigation.
Perimeter and terminal security.--The Committee recommends
an additional $35,000,000 for expanded law enforcement presence
to improve perimeter and terminal security. A recent
investigation by the Department of Transportation's Inspector
General indicates that there continues be serious intrusions
into the secure access points at airports. Just since April of
2002, 252 people have been arrested at 11 airports and 232
people have been indicted for providing false information on
their Security Identification Area badge applications. In
testimony before the Transportation Subcommittee, the Under
Secretary for Transportation Security stated that the
administration's supplemental budget request ``will not allow
us to do some of the perimeter airport security that we had
planned.'' Similarly, the Secretary of Transportation testified
that perimeter security as well as an enhanced law enforcement
presence at airports would merit additional funding over and
above the administration's request if such funding were to
become available.
The Committee notes that section 106 of the Aviation and
Transportation Security Act requires several measures to better
protect the secure areas of airports from unauthorized
intrusion. Even so, on May 15, 2002, it is anticipated that
National Guard troops will no longer staff airport security
checkpoints. Instead, they will be replaced by local law
enforcement authorities paid for through reimbursable
agreements with the Transportation Security Administration. At
funding levels proposed in the administration's supplemental
budget request, resources will be sufficient only to provide
the required single law enforcement officer at each checkpoint.
In addition to the needs to better protect the secure areas
at airports, the Committee is concerned with the lack of
attention being directed at the non-secure areas at airports--
especially airport terminals where there are absolutely no
entry restrictions. As such, the Committee has provided an
additional $35,000,000 for an expanded law enforcement presence
to better secure both the perimeter of secure areas as well as
non-secure areas at airports. The Committee directs the Under
Secretary to submit a report detailing his deployment plan for
this initiative to the House and Senate Appropriations
Committees prior to obligating funds. This deployment plan
shall detail the number and pay grades of all additional law
enforcement personnel to be hired and how they will be
utilized. This deployment plan may be submitted in classified
format if necessary.
Reconciliation of aviation security costs and
responsibilities.--The Committee is aware that there continues
to be disagreements between the Transportation Security
Administration and the Nation's air carriers as to who is
responsible for the costs associated with certain continuing
security functions. Examples of such areas of disagreement
include the screening of caterers that serve aircraft and the
employment of baggage runners that facilitate baggage
screening. The Committee directs the Under Secretary for
Transportation Security and the Department of Transportation
General Counsel to jointly submit a report on this issue to
both the House and Senate Committees on Appropriations no later
than June 30, 2002. The report shall discuss in detail each
area in dispute, the Department's legal position as to who is
financially responsible for each function in question under the
provisions of the Aviation and Transportation Security Act, and
the status of compensation between the TSA and the air carriers
for each of these functions. If the Department concedes that
the air carriers have not been compensated for any functions
that are legally the responsibility of the TSA, he shall
identify whether the funds required to provide such
compensation have been included within his budget request for
fiscal year 2003. The Department is encouraged to work with the
air carrier industry in identifying all potential areas of
dispute for inclusion in this report.
Port Security Grants.--The Congress provided $93,300,000
for port security grants as part of the Emergency Supplemental
Appropriations Act, 2002--Public Law 107-117. This funding,
which was not requested by the administration, will provide
direct assistance to certain strategic ports or control ports
which support the military and/or carry a high volume of cargo
or passengers. The administration's solicitation for grant
applications for this funding elicited requests totaling
$691,500,000 for 857 specific projects. In order to better fund
the extraordinary demand in this area, the Committee recommends
providing an additional $200,000,000 for this initiative,
bringing total program funding within fiscal year 2002 to
$293,300,000. In the interest of seeing these resources
invested in security improvements as soon as possible, the
Committee directs that the additional $200,000,000 provided in
this Act be distributed based on the merit-based assessment of
the applications already submitted for the initial
appropriation for this program. Since $1,000,000 of the initial
funding provided was committed to the administration of this
program, no additional funds for administration are provided
within this appropriation.
Security of over-the-road bus operations.--The Committee
recommends $20,000,000 for emergency over-the-road bus security
assistance. The Committee acknowledges that there are over
3,600 over-the-road bus companies that operate in the United
States and that the industry carries nearly 800 million
passengers each year. Nearly 65 percent of the over-the-road
bus industry is comprised of small businesses that operate
fewer than 10 buses. These funds are to be made available to
the Secretary of Transportation for direct grants to over-the-
road bus providers for system-wide security upgrades such as
establishing emergency communications and surveillance systems,
terminal modifications, employee background investigations and
additional security training. None of these funds shall be used
to reimburse bus operators for costs already incurred.
Non-passenger aviation security technology development.--
The Committee recommends an appropriation of $15,000,000 to
expedite the development and demonstration of new technologies
that will improve transportation security using cost effective
means in areas other than air passenger transportation. Such
areas might include improved screening of air cargo packages or
shipping containers as well as technologies that enhance the
security of hazardous materials traveling on the Nation's
railways and highways. A series of hearings held by the
Subcommittee on Transportation and Related Agencies revealed
that transportation security technologies currently deployed in
the field are outdated, inefficient, and offer limited security
benefits in comparison to newer detection, communication, and
information sharing technologies that are either under
development or are ready for testing in the field. The
Committee views this initiative as a companion to the
$75,000,000 appropriation that the Committee has provided
separately to the TSA for the development of the next
generation explosive detection machines and the other research
into new technologies in the passenger aviation mode.
Operation ``Safe Commerce''.--The Committee has provided
$27,945,000 for the purpose of expediting the testing and
deployment of Operation ``Safe Commerce''. This program is
designed to address the security vulnerabilities posed by the
more than 6 million intermodal containers that enter U.S. ports
each year. Public Law 107-71, the Aviation and Transportation
Security Act, vested the exclusive authority for security in
all transportation modes in the Office of the Under Secretary
of Transportation for Security. As such, the Committee expects
the Under Secretary to support and coordinate all Federal
elements of this initiative which may include:
--the establishment of secure packing requirements for
loading intermodal containers using credible quality
assurance methods;
--the development of auditable security standards for
maintaining secure loading docks at manufacturing
plants or shipping facilities;
--the outfitting of containers with mechanical and/or
electronic seals and devices intended to identify
containers whose security has been compromised;
--the establishment of integrated communication systems to
track containers throughout the entirety of their
journey;
--the transmission of that tracking data in accessible format
to the appropriate Federal agencies;
--the demonstration of certain ``secure trading lanes'' that
ensures maritime and intermodal container security from
point of origin to point of destination; and
--the establishment of new requirements which will pertain to
all participants in the supply chain to allow Federal
agencies sufficient information on the contents of each
container and its expected journey so that Federal
officials can appropriately target their inspection
resources.
The Committee expects the Under Secretary to accomplish
these goals through discrete pilot projects involving the three
largest container load centers in the United States, their
domestic and overseas customers and port partners, and the
shipping lines serving those ports. Funds provided shall be
used for the letting of direct grants and contracts to private
and public sector participants and the establishment of inter-
agency agreements. The Under Secretary is directed to submit a
distribution plan for the funds provided for this initiative to
the House and Senate Appropriations Committees prior to
obligating any funds. The Under Secretary should also be
prepared to submit a comprehensive evaluation of each pilot
project. In order for this initiative to be successful, the
TSA's efforts will need to be carefully coordinated with those
of the Customs Service, the U.S. Coast Guard, and other Federal
agencies. The Under Secretary is strongly encouraged to work
carefully with these and other agencies toward the successful
deployment of this concept.
Incident training for ports.--The Committee recommends an
appropriation of $20,000,000 to develop and conduct incident
management training and exercises to prepare port security
personnel to respond to terrorist attacks and crises. This
training initiative is meant to complement other funding that
has been provided for improving the physical security at our
Nation's ports. The Committee is aware of the need for incident
management training exercises that integrate high resolution
imagery and simulation to prepare responders and incident
managers for the spectrum of potential terrorist actions. The
Committee further encourages the Department to leverage the
previous investment of other Federal agencies to expedite
development of such training capabilities.
U.S. Coast Guard
Operating Expenses
2002 appropriation to date.............................. $3,591,000,000
2002 supplemental estimate.............................. 189,000,000
Committee recommendation................................ 318,400,000
In the immediate aftermath of September 11th, the Coast
Guard embarked on a number of initiatives designed to enhance
security of our port environment. The agency intends to greatly
expand its level of effort in this area with resources
requested in the President's budget for fiscal year 2003. Given
the urgency that the Committee attaches to the rapid
improvement in maritime security posture, the Committee is
expediting the availability of these resources so that the
Coast Guard can implement their expanded port security
initiatives more rapidly. As such, the Committee provides a
total of $318,400,000 in supplemental resources for Coast Guard
Operating Expenses. The amount provided is $129,400,000 more
than the administration's request in order to accelerate the
following programs.
Port Vulnerability Assessments.--
``Vulnerability assessments are viewed as
prerequisites for the development of plans and specific
security measures. Currently these assessments are
scheduled to take 5 years at a cost of $30,000,000 to
complete . . . I am frustrated by the fact that our
port region, which has experienced two terrorist
attacks in the last 10 years, is not scheduled to have
a port assessment done until some time next year.''----
Testimony of Rear Admiral (Ret.) Richard M. Larrabee,
Director, Port Commerce Department, Port Authority of
New York & New Jersey
The above quote, from the Director of the second largest
container port in the United States, illustrates the need to
expedite the completion of port vulnerability assessments
across our Nation. Only after these assessments are completed
can investments be made in the most strategic manner to
minimize a port's security vulnerabilities. The Committee finds
that the Coast Guard's plan to extend these assessments is
unacceptable and, instead, directs them to expedite their
completion.
Maritime Domain Awareness.--The Coast Guard has identified
their Maritime Domain Awareness program as key to their ability
to conduct their Homeland Security Mission. Part of that
request includes the use of Secure Terminal Equipment, SIPRNET,
Satellite communications, IMARSAT, and SATCOM. The Coast Guard
presently does not have the secure communications capability
that is interoperable with the Department of Defense and other
Coast Guard units afloat and ashore readily available for the
use of Captain's of the Port. The Committee finds that this
ability is essential for the Coast Guard to properly conduct
its Port Security Mission and directs the Coast Guard to move
forward on this initiative.
Information and Communications.--The Committee recommends
that the Coast Guard expedite its collection of information and
investigations. Given the sensitive nature of homeland security
operations and an increased number of personnel that require
security clearances, it is critical for the Coast Guard to
implement an efficient investigative process to ensure they
will have access to the sensitive port security information.
Funding is also provided for Tactical Maritime Intelligence
Centers to expand watch-standing and analytical capabilities to
receive, fuse and disseminate information and intelligence on a
tactical and operational level.
Sea Marshals/Maritime Security Patrols.--The Coast Guard
currently has a number of critical security programs that are
at stake, today, of being cut back based on the lack of
operating funds. These include programs such as the Sea Marshal
Program that currently provides armed personnel to assist in
the safe entry of certain high risk vessels in 11 strategic
ports, and operating expenses associated with an increase in
Maritime Security Patrols. These patrols surged from 1,000
patrols in August, to 23,000 patrols in October. The Coast
Guard should be highly commended for this level of effort. This
funding is intended to allow the Coast Guard to continue to
conduct the requisite number of Harbor Security Patrols and Sea
Marshal Vessel Escorts.
Security Readiness and Planning.--Critical programs like
Security Readiness and Planning are handicapped by the lack of
dedicated personnel to conduct security planning. One of the
keystones of the Coast Guard's execution strategy for proper
Homeland Security in the port environment is the Port Security
Committee. Trained personnel are needed immediately to provide
a dedicated level of effort to serve the Coast Guard's
interests while interfacing with the port community in the
development of these plans.
Strike Teams.--The Coast Guard's Strike Teams have been
called into action throughout the country to respond to
Chemical, Biological, and Radiation Detection incidents. They
assisted with the anthrax cleanup in the Senate and the air
quality monitoring in New York City following the collapse of
the World Trade Center Buildings. However, their experience in
biological and especially nuclear attacks is very minimal. The
Committee directs the Coast Guard to expand the current number
of personnel assigned to these units and ensure they possess
the necessary level of training and caliber of equipment to
enhance the Strike Team's ability to better detect the presence
of not only chemical, but also biological and nuclear agents.
Maritime Safety and Security Teams.--The Coast Guard is
currently moving forward to establish four new Maritime Safety
and Security Teams. However the Committee finds that this will
not meet the needs of the Nation and directs the Coast Guard to
expedite two additional deployable teams and 20 additional port
security response boats with crews to increase the capabilities
for Harbor Security Patrols and enforcement of designated
Security Zones in strategic ports.
Acquisition, Construction, and Improvements
2002 appropriation to date.............................. $636,000,000
2002 supplemental estimate.............................. 66,000,000
Committee recommendation................................ 347,700,000
Coast Guard resources have been stretched and put to the
test as they have sought to enhance the security of our
Nation's port environment. Their vessels and aircraft have
logged an unprecedented increase in hours as the Coast Guard
surged the number of their Harbor Patrols and Commercial and
Public Vessel Escorts. These assets must now be replenished and
given the proper maintenance. As such, the Committee provides a
total of $347,700,000 in supplemental resources for Coast Guard
Acquisition, Construction, and Improvements. The amount
provided is $281,700,000 more than the administration's
request.
Emergent Homeland Security Acquisitions.--The Committee has
provided additional funding, above the administration's
request, to expedite the acquisition of several Homeland
Security Projects. These projects are expected to include the
necessary procurement and outfitting of critical surface and
aviation assets, the improvement and relocation of vital shore
facilities to support those assets, and the modernization of
essential communication systems. Withing the amount provided,
funding shall be used at a minimum for the following
initiatives that the Committee believes are of an emergent
nature in light of our Homeland Port Security Needs.
--Homeland Security Response Boats (87 foot).--The
administration requested supplemental funding for four
Port Security Boats to conduct high interest vessel
boardings and escort operations. The Committee finds
this number to be insufficient and has provided an
additional $12,000,000 for not less than six and no
more than eight of these Homeland Security Response
Boats.
--Ports and Waterways Safety Systems.--The Committee has
provided $5,000,000 to facilitate the safe, secure, and
timely flow of waterborne commerce.
--Defense Messaging System (DMS) Implementation.--The
Committee has provided $2,100,000 to enable the Coast
Guard to establish a messaging system that is
interoperable with DoD.
--Global Maritime Distress and Safety System.--The Committee
has provided $2,200,000 to significantly enhance the
Coast Guard's long-haul, multi-mission communications
system.
--Microwave Modernization Project.--The Committee has
provided $3,000,000 for infrastructure upgrades
necessary to ensure communications in rugged terrain.
--Rainbow Communications System.--The Committee has provided
$3,000,000 to replace this problematic system and
ensure radio communications for Search and Rescue and
Port Security needs.
--High Frequency (HF) Recapitalization and Modernization.--
The Committee has provided $2,000,000 to integrate
telecommunications technology into the Coast Guard's
multi-mission communications system.
--PWS Microwave Wide-Area Network.--The Committee has
provided $1,000,000 for immediate replacement of
existing microwave links to support increased marine
operational requirements.
--Maritime Domain Awareness Information Management.--The
Committee has provided $9,400,000 to provide enhanced
information management, data collection, fusion,
analysis, and dissemination capability.
The Committee does not find the administration's request
for $8,000,000 for shore infrastructure improvements to be
pertinent to the Coast Guard's immediate homeland security
needs. As such, the Committee has not provided funding for this
line item.
Federal Aviation Administration
Operations
2002 appropriation to date.............................. $6,886,000,000
2002 supplemental estimate.............................\1\ (100,000,000)
Committee recommendation................................ 100,000,000
\1\ Proposed to be transferred from the Facilities and Equipment and AIP
programs.
The Committee has provided supplemental resources totaling
$100,000,000 for the operating expenses of the Federal Aviation
Administration. These funds will reimburse the Agency for
emergency expenses the agency has incurred since September 11th
associated with improving the security of air traffic control
facilities and other critical FAA facilities. With the funds
provided for this reimbursement, the Committee expects that
resources will be available for the personnel costs associated
with the summer travel surge and costs associated with
providing mobile towers and crews for special events during the
summer months. The administration proposed that these necessary
resources be transferred from fiscal year 2002 funds already
appropriated for the FAA's Facilities and Equipment account and
the Airport Improvement Program. The Committee cannot support
this approach. Within fiscal year 2002, the FAA Administrator
will already be required to divert funding from other FAA
procurements to cover recent cost overruns associated with the
Standard Terminal Automation Replacement System (STARS). She
will also have to identify other programmatic reductions in
order to free up resources to cover the requirements of the
Payments to Air Carriers (Essential Air Service) program and a
rescission necessitated as part of the fiscal year 2002
appropriations process. Moreover, much of the funding provided
for the Airport Improvement Program in fiscal year 2002 will go
toward the costs of necessary security upgrades instead of
urgently needed aviation safety and capacity projects. The
Committee cannot support a proposal that will further undermine
the availability of funding to improve the safety and capacity
of the aviation system.
Facilities and Equipment
(Airport and Airway Trust Fund)
2002 appropriation to date.............................. $2,899,000,000
2002 supplemental estimate..............................................
Committee recommendation................................ 15,000,000
The Committee recommends a supplemental appropriation of
$15,000,000 for the Federal Aviation Administration's
Facilities and Equipment account. The amount provided shall be
used solely to rehabilitate the FAA's inventory of ARSR-4 Long
Range Radars. Prior to September 11th, the FAA had planned to
decommission these radars during 2002. However, since these
assets are the only FAA radars capable of continually tracking
aircraft with disabled transponders, the Department of Defense
has requested that the Federal Aviation Administration continue
to operate these radars for several more years. The funding
provided through this supplemental appropriation is necessary
to rehabilitate and extend the service life of these radars.
Grants-In-Aid For Airports
(Airport and Airway Trust Fund)
2002 appropriation to date.............................. $3,475,000,000
2002 supplemental estimate..............................................
Committee recommendation................................ 100,000,000
In the first Supplemental Appropriations Act for fiscal
year 2002 (Public Law 107-117), the Committee provided a total
of $175,000,000 to reimburse airports for the mandatory costs
associated with Federal security directives issued by the
Department of Transportation in the wake of September 11th. The
Department's solicitation yielded requests totaling almost
$500,000,000 of which almost $450,000,000 was for legitimate
security costs. Consistent with the Committee's directives, the
Department fully funded the requests of those small non-hub
airports that were most in need of assistance and provided
lesser percentages of support to larger airports. The Committee
recommends an additional $100,000,000 to better meet the
overall needs of the small-, medium-, and large-hub airports.
The Committee again directs that these resources be directed to
those airports with the greatest financial need that has not
yet been met. As such, the Committee expects these resources to
first be used to meet the unfunded costs of the small- and
medium-hub airports with the remainder being used to better
compensate large-hub airports.
Federal Highway Administration
Federal-Aid Highways
Emergency Relief Program
(Highway Trust Fund)
2002 appropriation to date.............................. $100,000,000
2002 supplemental estimate.............................. 167,000,000
Committee recommendation................................ 167,000,000
Consistent with the administration's request, the Committee
recommends additional resources for the Emergency Relief
program totaling $167,000,000. These resources will fully fund
the restoration and reconstruction of those State and local
roads damaged by the events of September 11 that are eligible
for Federal-aid Highways funding. This will include the cost of
design, engineering, and construction costs for streets
surrounding the World Trade Center and the reconstruction of
Route 9A in Manhattan. Consistent with provisions included in
prior Emergency Supplemental Appropriations Acts, language is
included which waives the local match for these funds and
exempts these projects from the statutory cap of $100,000,000.
Federal-Aid Highways
(Rescission of Contract Authorization)
2002 appropriation to date.............................. $35,066,090,325
2002 supplemental estimate..............................................
Committee recommendation................................ -200,000,000
The Committee has recommended a rescission of contract
authority totaling $200,000,000 in order to keep the overall
cost of the bill within necessary funding parameters. The
amount rescinded represents roughly one-half of 1 percent of
the total amount of contract authority apportioned for fiscal
year 2002. It also represents roughly 1 percent of the unspent
contract authority available to the States through 2001 in the
five core formula highway programs. This rescission should in
no way impede the ability of any State to invest Federal
highway dollars since annual obligation limitations imposed by
Appropriations Acts limit available spending to levels well
below the total amount of contract authority apportioned.
Federal Motor Carrier Safety Administration
border enforcement program
2002 appropriation to date.............................. $335,000,000
2002 supplemental estimate.............................. 19,300,000
Committee recommendation................................ 19,300,000
Consistent with the administration's request, the Committee
has provided $19,300,000 for the Border Enforcement Program
within the Federal Motor Carrier Safety Administration. Within
this amount, $4,200,000 will be used to fund the implementation
of Section 1012 of the USA Patriot Act (Public Law 107-56),
which will include 34 additional Federal personnel to review
and process security background record checks and handle due
process claims. $8,000,000 will be used for research, training,
and implementation of fraud detection and prevention techniques
for State licensing and enforcement agencies. $2,000,000 will
be used to develop a hazardous material security and education
outreach program and to conduct a vulnerability assessment of
security at the northern border. And, $5,100,000 will be used
for coordinating State drivers' license registration and social
security number verification.
Commercial drivers license (CDL) fraud.--The Committee
notes that the Department of Transportation Inspector General
(IG) recently released a report on the testing and licensing of
commercial drivers. The IG report concludes that ``existing
Federal standards and State controls are not sufficient to
defend against the alarming threat posed by individuals who
seek to fraudulently obtain CDLs.'' In fact, since 1998
suspected fraud in the testing and licensing of commercial
drivers has been identified in 16 States.
The Committee supports the Federal Motor Carrier Safety
Administration's (FMCSA) effort to establish a national
comprehensive model training program and ``best practices''
document to help driver license personnel, examiners and law
enforcement officers identify fraudulent documentation.
However, the Committee also notes that the establishment of a
one-driver, one-record pointer system has the potential to
vastly improve the identity verification of CDL applicants and
motor vehicle drivers. The Committee directs FMCSA to work with
the National Highway Traffic Safety Administration (NHTSA) to
aggressively establish a system which would allow States to
electronically exchange driver status information.
While improved training and technology programs are
necessary and desirable, these actions do not substitute nor
relieve FMCSA's responsibility to monitor compliance of the
States with Federal standards. The Committee expects FMCSA to
implement expeditiously the recommendations of the Inspector
General's recent audit including the use of covert procedures
to monitor State and third-party examiners. The Committee
directs FMCSA to submit a report on the status of the IG's
recommendations and the agency's joint efforts with NHTSA to
establish a one-driver, one-record pointer system to the House
and Senate Committee on Appropriations no later than November
1, 2002.
Laredo, TX inspection facility.--The Committee directs that
the Texas Department of Transportation consult with the City of
Laredo and consider their concerns regarding site selection for
a cross-border inspection facility. The Committee reinforces
that Federal safety requirements must be met in any site
selection decision. Under no circumstances should the Federal
Motor Carrier Administrator approve a site for such an
inspection facility if the location of that site in any way
compromises his ability to enforce all statutory and regulatory
safety requirements including those enacted as part of the
Transportation Appropriations Act for fiscal year 2002.
Federal Railroad Administration
Grants to the National Railroad Passenger Corporation
2002 appropriation to date.............................. $626,000,000
2002 supplemental estimate..............................................
Committee recommendation................................ 55,000,000
The Committee has provided an additional $55,000,000 for
grants to the National Railroad Passenger Corporation (AMTRAK).
Within the amount provided, $20,000,000 will be used to repair
damaged passenger equipment, $12,000,000 will be used for
emergency security needs, and $23,000,000 will be used for the
heavy overhaul of the rail passenger fleet. The Committee
directs AMTRAK to utilize these additional resources to make
equipment repairs and enhance the security of AMTRAK's entire
national system, not just on the Northeast Corridor.
Federal Transit Administration
Capital Investment Grants
2002 appropriation to date.............................. $2,941,000,000
2002 supplemental estimate.............................. 1,800,000,000
Committee recommendation................................ 1,800,000,000
Consistent with the administration's budget request, the
Committee recommends a total of $1,800,000,000 for Capital
Investment Grants. The amount provided will be used solely to
replace, rebuild, or enhance mass transportation systems
serving the Borough of Manhattan. These funds will be used to
finance project elements that are not eligible for
reimbursements through the Federal Emergency Management
Administration to improve public transit systems.
Research and Special Programs Administration
Research and Special Programs
2002 appropriation to date.............................. $37,279,000
2002 supplemental estimate.............................. 3,500,000
Committee recommendation................................ 3,500,000
Consistent with the administration's request, the Committee
recommends $3,500,000 in additional resources for the Research
and Special Programs Administration. Funding will be used to
relocate and upgrade the Department of Transportation's Crisis
Management Center into a new Transportation Information
Operations Center (TIOC). This new center will provide
accurate, real-time information throughout the Department of
Transportation and other Federal agencies on the status of the
Nation's transportation infrastructure as security alerts are
received or as events occur. Within the amount provided,
$2,000,000 will be used for building refurbishment, $1,300,000
will be used for hardware and software for improved classified
and non-classified information exchange activities and $200,000
shall support three positions to staff the new facility.
GENERAL PROVISIONS, THIS CHAPTER
Secs. 1001-1002. In addition to the general provision
discussed above increasing the obligation limitation for the
Transportation Administrative Service Center, the Committee has
included a general provision authorizing an obligation ceiling
for the Federal-aid Highway Program of at least $27,746,000,000
for fiscal year 2003. Absent this provision, section 8103(a)(5)
of the Transportation Equity Act for the 21st Century (TEA-21)
would cause Federal highway investment for fiscal year 2003 to
be reduced almost $8,600,000,000 below the level enacted for
fiscal year 2002. Such a precipitous drop in highway
investment, as called for in the administration's budget
request, will not be supported by the Committee. To the
contrary, the Committee notes that the highway account of the
Highway Trust Fund can support an obligation ceiling of as much
as $28,900,000,000 in fiscal year 2003, while maintaining
sufficient balances to support steadily growing obligation
ceilings for the period covered by the next highway
authorization period.
Sec. 1003. The Committee has included a general provision
making a technical correction to the American Fisheries Act.
The provision implements the intent of Congress to require the
tonnage restriction in the Act for new fishing vessels to be
measured utilizing the Regulatory Tonnage Measurement System
rather than the Conventional Tonnage System.
Sec. 1004. The Air Transportation Safety and System
Stabilization Act (Public Law 107-42) authorized up to
$10,000,000,000 in credit assistance for air carriers who
cannot obtain private credit at reasonable rates but whose
service is necessary toward the continuation of a safe,
efficient, and viable commercial aviation system in the United
States. Such credit assistance is provided through an Air
Transportation Stabilization Board established in the Act. To
date, the Board has provided credit assistance to only one U.S.
flag carrier. The Committee bill includes a provision which
limits the amount of credit assistance available to air
carriers to $429,000,000 in fiscal year 2002 and $4,000,000,000
in the aggregate. The Committee is aware that applications are
currently pending before the Stabilization Board and others may
be forthcoming in the very near future. The Committee's action
is not intended in any way to undermine those applications,
pass judgment on the merit of those applications or in any way
limit the size of a loan package that a carrier may be eligible
to receive. Indeed, the Committee expects the Stabilization
Board to continue to expeditiously process and negotiate loan
applications and announce the Board's intent to issue loan
guarantees to applicants with the expectation that such
guarantees will become available on October 1, 2002. The
Committee believes that $4,000,000,000 in total loan assistance
should be sufficient to meet all eligible loan applications
that might be approved by the Stabilization Board over the life
of the program.
Sec. 1005. The Committee recommendation includes a general
provision amending section 335 of the Transportation and
Related Agencies Appropriations Act for 2002. The provision
serves to clarify that the Transportation Security
Administration must compensate airport sponsors for space used
by the agency on airport property except for that space
necessary for passenger and baggage security checkpoints.
Sec. 1006. The Committee recommendation includes a general
provision clarifying the alignment of a highway project in
Mississippi made eligible for enhancement funds in the
Transportation Appropriations Act for fiscal year 2001.
Sec. 1007. The Committee recommendation includes a general
provision clarifying the expectation that $2,750,000 provided
in prior Transportation Appropriations Acts for intelligent
transportation systems shall be used for the purposes
authorized under Section 5118 of the Transportation Equity Act
for the 21st Century. Specifically, these resources shall be
derived from funds provided for the ``Delaware River Port
Authority'' project in fiscal year 2001 and the ``Philadelphia,
Pennsylvania (Drexel)'' project in fiscal year 2002.
CHAPTER 11
Subcommittee on Treasury and General Government
DEPARTMENT OF THE TREASURY
Financial Management Service
Salaries and Expenses
(Rescission)
The Committee recommendation includes a rescission
totalling $14,000,000 of available balances under this heading.
United States Customs Service
Salaries and Expenses
2002 appropriation to date.............................. $2,471,960,000
2002 supplemental estimate..............................................
Committee recommendation................................ 59,000,000
The Committee has included $57,000,000 to fund start-up
costs of the U.S. Customs Service Container Security
Initiative, a critical effort to address the need to protect
seaports in the United States and around the world. This
initiative would allow the targeting and screening of
potentially harmful cargo prior to its arrival at U.S. ports.
The Committee commends the Customs Service for its aggressive
effort to prevent weapons of mass destruction, terrorists, and
other prohibited cargo from entering U.S. seaports.
The funding provided would allow staffing and technology to
implement the Container Security Initiative at the 20 seaports
that ship the largest quantities of cargo to U.S. ports. It
will also fund similar U.S. initiatives at the three major
Canadian ports.
The Committee is aware of proven technology and security
standards currently being employed by the Department of Defense
Total Asset Visibility Network and encourages the Customs
Service to evaluate such best practices when investigating
options for container security in ports it monitors.
The Committee also provides $2,000,000 for the Customs
Service to monitor and investigate the importation into the
United States of products made with forced labor, the
importation of which violates section 307 of the Tariff Act of
1930 or section 1761 of title 18, United States Code.
The manufacture of goods made using prison, forced, or
indentured labor continues to be an unfair trading practice
used by a large number of countries despite the long-standing
prohibition on importation of these goods into the United
States. The use of forced labor by other countries hurts fair-
trading U.S. businesses and defrauds U.S. consumers. The
Committee is particularly concerned about countries that refuse
to enforce their own laws that prohibit the exportation of
forced labor-made goods to the United States, and those
countries, such as China, that have not fulfilled their
obligations under existing bilateral agreements with the United
States pertaining to the inspection of suspected forced labor
facilities by appropriate U.S. officials.
The Committee strongly urges the Customs Service to require
importers to provide certification to establish that goods
entering U.S. ports were made by legitimate foreign companies
that do not use prison, forced, or indentured labor.
Furthermore, the Committee strongly urges the Customs Service
to use fully its authority to block the importation of goods
that are suspected to have been made using forced labor,
especially in cases in which the United States has requested of
a foreign country an inspection of a specific factory or other
facility, but the requested inspection has not taken place in a
timely manner.
The entire amount provided has been designated as a
contingent emergency pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
Internal Revenue Service
Information Systems
(Rescission)
The Committee recommendation includes a rescission
totalling $10,000,000 of available balances under this heading.
United States Secret Service
Salaries and Expenses
2002 appropriation to date.............................. $1,025,384,000
2002 supplemental estimate..............................................
Committee recommendation................................ 17,200,000
The Committee has included $17,200,000 to expand the Secret
Service's existing Electronic Crimes Task Force into a
nationwide network as authorized by the USA Patriot Act of
2001. The rapid growth of technology has provided new avenues
of opportunity for those who engage in fraud, threaten our
Nation's financial payment systems or attempt to attack other
aspects of our critical infrastructure. Expansion of the
Electronic Crimes Task Forces will enable the Secret Service to
continue to serve its core mission of protecting the Nation's
critical infrastructures and financial payment systems.
The entire amount provided has been designated as a
contingent emergency pursuant to the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
POSTAL SERVICE
Payment to the Postal Service Fund
2002 appropriation to date.............................. $704,000,000
2002 supplemental estimate.............................. 87,000,000
Committee recommendation................................ 87,000,000
The Committee has included $87,000,000, as requested by the
President, to further assist the Postal Service in its efforts
to protect postal employees and postal customers from exposure
to biohazardous material and to sanitize and screen the mail
for biohazardous material. The Committee urges the Postal
Service to make use of the most cost effective technology and
to report to the Committees on Appropriations, on a quarterly
basis, on the obligation of these funds.
The entire amount provided has been designated as an
emergency pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
EXECUTIVE OFFICE OF THE PRESIDENT
Office of Administration
Salaries and Expenses
2002 appropriation to date.............................. $130,000,000
2002 supplemental estimate.............................. 5,000,000
Committee recommendation................................ 5,000,000
The Committee has included $5,000,000 in additional funds
for the Office of Administration, Salaries and Expenses
account, to address urgent needs associated with the Office of
Homeland Security. These funds are required to outfit the off-
site facility with the requisite equipment and information
technology to ensure the establishment of multi-level
connectivity between Federal agencies and State and local
governments. These funds will remain available until expended
and shall be available for obligation upon the Senate
confirmation of a Director for Homeland Security.
The entire amount requested has been designated by the
President as an emergency requirement pursuant to the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
INDEPENDENT AGENCY
General Services Administration
REAL PROPERTY ACTIVITIES
Federal Buildings Fund
2002 appropriation to date.............................. $362,000,000
2002 supplemental estimate.............................. 51,800,000
Committee recommendation................................ 51,800,000
The Committee has included $51,800,000, as requested by the
President, to increase security services at Federal buildings
nationwide and to provide additional security equipment at
these facilities.
The entire amount provided has been designated as an
emergency pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended.
Policy and Operations
2002 appropriation to date.............................. $143,000,000
2002 supplemental estimate.............................. 2,500,000
Committee recommendation................................ 2,500,000
The Committee has included $2,500,000, as requested by the
President, to help protect against potential disruptions in
information technology infrastructure stemming from the
vulnerabilities identified in the Simple Network Management
Protocol, a communications technology used in numerous products
including the network management function for the Internet.
These funds will be used to fund a Program Management Office
within the General Services Administration to perform an
assessment of the current situation and determine problems in
all protocols and identify any current or potential threats.
They will also be used to identify preventative and remedial
actions and processes to be implemented to both fix the
problems as well as to provide protection from any threat and
develop and implement all necessary deployment plans for
remediation and prevention. The Committee requests a report on
the planned expenditure of the funds provided prior to their
obligation.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 1101. The Committee recommendation includes language
relating to participants in the Eisenhower Exchange Fellowship
program.
Sec. 1102. The Committee includes a provision establishing
the position of Director for Homeland Security in the Office of
Homeland Security. The Director shall be head of that office
after appointment by the President and by and with the advice
and consent of the Senate. This section shall take effect 30
days after enactment of the Act.
CHAPTER 12
Subcommittee on Veterans Affairs and Housing and Urban Development and
Independent Agencies
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
COMPENSATION AND PENSIONS
2002 appropriation to date.............................. $24,944,288,000
2002 supplemental estimate.............................. 1,100,000,000
Committee recommendation................................ 1,100,000,000
On May 21, 2002, the Committee received the President's
request for an additional $1,100,000,000 for benefit payments
to eligible veterans. VA will process a greater number of
backlog claims and provide more associated back payments to
disabled veterans than originally projected for fiscal year
2002. The Committee recommends the President's request in order
to pay these claims.
Veterans Health Administration
Medical Care
2002 appropriation to date.............................. $21,331,164,000
2002 supplemental estimate.............................. 142,000,000
Committee recommendation................................ 417,000,000
The Committee recommends an additional $417,000,000 for VA
medical care in fiscal year 2002.
The Committee's recommendation includes $142,000,000 to
continue open enrollment for all veterans. The Committee
directs that this entire amount be allocated to the Veterans
Integrated Service Networks (VISNs) without any off the top
reductions.
The Committee's recommendation also includes $275,000,000
for VA's increase in medical care workload and to maintain
current staffing levels. The Committee is deeply troubled by
the VA's inability to estimate its workload accurately. The
administration's 2002 budget request underestimated the number
of patients who would seek VA medical care by 13.6 percent, or
over 568,000 patients. This workload increase almost resulted
in VA's deciding to close enrollment to Priority 7 veterans.
This would have denied care to 320,000 veterans, even though
the Committee provided $350,000,000 above the President's 2002
budget request for VA medical care. The Committee emphasizes
that it must receive reliable workload and resource needs, and
notes that the Statement of Administration Policy (SAP) on the
fiscal year 2002 VA-HUD conference report stated, ``While the
Administration appreciates the support of improved benefits and
services to our Nation's veterans, the recommended VA funding
level of both the House and the Senate currently exceeds the
request.'' The Committee therefore directs the VA to report to
the Committee by September 1, 2002, on measures the Department
is taking and expects to take to ensure accurate workload and
resource needs estimates.
Medical and Prosthetic Research
(Rescission)
2002 appropriation to date.............................. $371,000,000
2002 supplemental estimate.............................. -5,000,000
Committee recommendation................................................
The Committee does not recommend the President's requested
$5,000,000 rescission from VA Medical and Prosthetic Research.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
HOUSING CERTIFICATE FUND
(Rescission)
2002 appropriation to date.............................. $15,641,000,000
2002 supplemental estimate..............................................
Committee recommendation................................ -300,000,000
The Committee rescinds $300,000,000 from unobligated
balances available from the recapture of excess Section 8
funds. The rescission should be applied against available funds
appropriated under this heading in fiscal year 2002 and in
prior years.
Community Planning and Development
RURAL HOUSING AND ECONOMIC DEVELOPMENT
2002 appropriation to date.............................. $25,000,000
2002 supplemental estimate.............................. -20,000,000
Committee recommendation................................................
The Committee does not agree with the administration's
proposal to rescind $20,000,000 from the Office of Rural
Housing and Economic Development. The account provides
critically needed resources for technical assistance, capacity
building and housing development in rural areas. Over 2.1
million rural households pay more than 50 percent of their
incomes on housing, and 1.8 million households live in
inadequate units. Further, the Committee does not agree with
the administration that this program is duplicative of
Department of Agriculture (USDA) programs. Unlike the USDA
rural housing programs, HUD's Office of Rural Housing and
Economic Development program offers capacity building funds,
flexibility, and direct grants to nonprofit organizations.
COMMUNITY DEVELOPMENT FUND
2002 appropriation to date.............................. $7,000,000,000
2002 supplemental estimate.............................. 750,000,000
Committee recommendation................................ 750,000,000
The Committee recommends $750,000,000 in Community
Development Block Grant funding to the Lower Manhattan
Development Corporation (LMDC) in New York. Funds are provided
to rebuild and restore utility infrastructure and equipment
destroyed, including reimbursement of utility companies for
uninsured losses, as a result of the September 11, 2001
terrorist attacks. Funds may also be available to fulfill the
LMDC's responsibilities to rebuild lower Manhattan.
The Committee includes bill language to make technical
corrections to clarify the allowable use of $250,000 previously
appropriated for the Wellstone Neighborhood Center, $1,000,000
previously appropriated for the Community Action Agency of
Southern New Mexico, $400,000 previously appropriated for the
City of Reading, Pennsylvania, and $750,000 previously
appropriated to the Smart Start Child Care Center and Expertise
School at Las Vegas, Nevada.
HOME INVESTMENT PARTNERSHIPS PROGRAM
(Rescission)
2002 appropriation to date.............................. $1,846,000,000
2002 supplemental estimate..............................................
Committee recommendation................................ -50,000,000
The Committee rescinds $50,000,000 of fiscal year 2002
funding from the HOME Investment Partnerships Program that was
designated for the Downpayment Assistance Initiative. Public
Law 107-73 made the availability of these funds subject to
authorization of the program by June 30, 2002. Funds are
rescinded because the Department has failed to send authorizing
language to the Senate Banking Committee within a time frame
that would allow for adequate consideration.
Housing Programs
rental housing assistance
The Committee has included a provision that directs HUD to
make $300,000,000 from contract authority in excess of required
payments for fiscal year 2002 available for the capital costs
of rehabilitation for projects eligible under section 236(s) of
the National Housing Act.
INDEPENDENT AGENCIES
Environmental Protection Agency
Science and Technology
2002 appropriation to date.............................. $788,397,000
2002 supplemental estimate..............................................
Committee recommendation................................ 100,000,000
The Committee recommends $100,000,000 for the Agency to
assist the Nation's small and medium sized drinking water
systems to perform security vulnerability assessments.
Hazardous Substance Superfund
2002 appropriation to date.............................. $1,311,292,000
2002 supplemental estimate.............................. 12,500,000
Committee recommendation................................ 12,500,000
The Committee recommends $12,500,000 to reimburse the
Agency for expenses incurred for anthrax investigations and
cleanup actions at the United State Capitol and congressional
office building complex.
Federal Emergency Management Agency
Disaster Relief
2002 appropriation to date.............................. $6,716,270,000
2002 supplemental estimate.............................. 2,750,000,000
Committee recommendation................................ 2,660,000,000
The Committee recommends $2,660,000,000, for continuing
disaster relief efforts in response to the September 11th
terrorist attacks. The funding under this heading is to cover
all eligible activities associated with transportation
infrastructure restoration and public infrastructure and
building repair and restoration. The Committee has re-directed
$90,000,000 of the administration's request to the Centers for
Disease Control and Prevention to conduct public health studies
and screening for emergency services personnel who responded to
the attacks of September 11th.
In addition, the Committee directs that funding is to be
provided to compensate the New York City Board of Education for
costs stemming from the September 11, 2001 terrorist attacks,
for activities including additional classroom instruction time,
mental health, trauma counseling, and other support services;
guidance and grief counseling; clean-up and structural
inspections and repairs of school facilities; student
relocations, lost textbooks and perishable food.
The Committee understands that FEMA is undertaking a review
of its Mortgage and Rental Assistance Program with the purpose
of better assisting those people who had difficulty meeting
their mortgage and rental costs as a direct result of the
terrorist attacks of September 11th. As FEMA undertakes this
review, the Committee directs that FEMA shall make eligible for
assistance those persons who were either directly employed in
the Borough of Manhattan or had at least 75 percent of their
wages coming from business conducted within the Borough of
Manhattan as a direct result of the September 11th attacks. In
addition, the Committee directs FEMA to develop a program to
reimburse those people who were mistakenly turned away from the
Mortgage and Rental Assistance program, and who have already
lost their pre-September 11th place of residence.
Emergency Management Planning and Assistance
2002 appropriation to date.............................. $624,623,000
2002 supplemental estimate.............................. 326,727,000
Committee recommendation................................ 745,000,000
In response to the administration's request, the Committee
recommends $745,000,000 for critically important emergency
management planning and assistance activities. The Committee's
recommendation includes $175,000,000 for FEMA to make available
to the States for State and local all hazards operational
planning including response planning for natural and man-made
disasters including terrorism. The Committee's recommendation
also includes $300,000,000 for the fire grant program as
authorized by the Federal Fire Prevention and Control Act of
1974, as amended. Together with funds previously appropriated
for this program, the Committee's action brings the fire grant
program in fiscal year 2002 to $660,000,000. The Committee
notes that in fiscal year 2002, FEMA received $3,000,000,000 in
applications for fire grants from over 18,000 fire departments
across the country. Additional funding provided in this section
will help meet this demand. The Committee expects FEMA to
quickly put in place the personnel necessary to efficiently
manage the on-going fire grant program.
The Committee also recommends $92,000,000 for upgrading
FEMA's Urban Search and Rescue (USAR) teams with additional
equipment caches to ensure that all 28 USAR teams are capable
of responding to a weapon of mass destruction. Funding provided
under this section shall be administered by the U.S. Fire
Administration and shall be used to support additional training
and equipment needs for all 28 teams to ensure that each team
can support two units simultaneously. In addition, the
Committee recommends $115,000,000 for interoperable
communications equipment for firefighters and emergency medical
services. Funding shall be provided on a competitive basis with
a matching requirement consistent with the matching
requirements in the Federal Fire Prevention and Control Act.
The program shall be administered by the U.S. Fire
Administration in coordination with the Office of National
Preparedness. The Committee urges that grants under these
programs be used to purchase cost effective cross band
repeaters or other frequency or band patching solutions, which
allow agencies to make existing communications systems
interoperable. In addition, equipment provided under these
programs should be compatible with ANSI/TIA-102 standards,
commonly referred to as Project 25, P-25, or APCO Project 25.
The Committee also recommends an additional $56,000,000 for
competitive grants to State and local governments for physical
and technical improvements in emergency operations centers to
be administered by the Office of National Preparedness; and
$7,000,000 for the acquisition of secure communications
equipment and associated facility improvements and maintenance
for State emergency operations centers.
The Committee does not recommend funding for the proposed
Citizen Corps program. The Committee is concerned about FEMA's
capability to undertake and manage this initiative, and that
there continues to be a lack of clarity about FEMA's statutory
authority to administer this initiative.
Cerro Grande Fire Claims
The Committee recommends $80,000,000 to the Office of Cerro
Grande Fire Claims to cover the remaining liability claims
resulting from the fire.
National Science Foundation
Education and Human Resources
2002 appropriation to date.............................. $875,000,000
2002 supplemental estimate.............................. 19,300,000
Committee recommendation................................ 19,300,000
The Committee recommends $19,300,000 for cyber-security
Scholarships for Service. This program assists students to
develop the skills needed to provide high-quality security for
the Nation's information infrastructure, particularly in the
Federal sector. These funds will allow a number of existing
awards to be more adequately funded as well as allow for a
number of new projects to be initiated.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 1201. The Committee includes bill language directing
the Secretary to continue to administer the Disposition of
Assets in Revitalization Areas, or ``Asset Control Area''
program and to enter into new contracts with eligible program
participants. The Committee directs the Secretary to
immediately reinstate the program. The Committee does not agree
with the Department's decision to impose a blanket moratorium
on the program, and notes that the HUD Inspector General did
not recommend a moratorium or suspension of the program. The
Committee encourages HUD to reform its management and oversight
of the program, and to expedite the issuance of regulations for
the program. The bill language is not intended to require HUD
to renew contracts with noncompliant participants or under the
existing terms of the contract. Rather, existing contracts
should be revised to reflect the requirements of Section 602 of
the Fiscal Year 1999 VA-HUD and Independent Agencies
Appropriations Act.
Sec. 1202. The Committee includes bill language requiring
HUD to provide the House and Senate Committees on
Appropriations with quarterly reports on the status of any FHA-
insured multifamily housing project that is in default for
longer than 60 days.
Sec. 1203. The Committee includes bill language to lift the
use restrictions on an apartment building in Baltimore,
Maryland.
TITLE II--GENERAL PROVISIONS
Sec. 2001. The Committee recommends language limiting the
availability of funds in the bill to the current fiscal year
unless otherwise expressly provided.
Sec. 2002. The Committee has included language providing
that any amount appropriated in this Act (except in the Defense
chapter) that is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended,
shall not be available for obligation unless all such amounts
appropriated in this Act are designated by the President, upon
enactment of this Act, as emergency requirements pursuant to
that section.
COMPLIANCE WITH PARAGRAPH 7, RULE XVI OF THE STANDING RULES OF THE
SENATE
Paragraph 7 of rule XVI requires that Committee reports on
general appropriations bills identify, with particularity, each
Committee amendment to the House bill ``which proposes an item
of appropriation which is not made to carry out the provisions
of an existing law, a treaty stipulation, or an act or
resolution previously passed by the Senate during that
session.''
The accompanying bill contains the following items which
lack authorization:
In title I:
Chapter 2: Department of Justice:
General Administration, Salaries and Expenses,
$186,550,000;
Legal Activities, United States Attorneys, $5,200,000;
Federal Bureau of Investigation, Salaries and Expenses,
$75,500,000;
Immigration and Naturalization Service, Salaries and
Expenses, $35,000,000;
Immigration and Naturalization Service, Construction,
$84,000,000;
Office of Justice Programs, Community Oriented Policing
Services, $85,000,000.
Chapter 3: Department of Defense: $14,022,000,000.
Chapter 4: District of Columbia:
Federal Payment to the Children's National Medical
Center, $13,770,000;
Federal Payment to the District of Columbia, $24,730,000;
Federal Payment to the Washington Metropolitan Area
Transit Authority, $25,000,000;
Federal Payment to the Washington Metropolitan Area
Council of Governments, $1,750,000;
Federal Payment to the Water and Sewer Authority of the
District of Columbia, $3,000,000.
Chapter 10: Department of Transportation:
Transportation Security Administration, Salaries and
Expenses, $200,000,000;
Coast Guard, Operating Expenses, $318,400,000;
Coast Guard, Acquisition, Construction, and Improvements,
$347,700,000.
Chapter 12: Federal Emergency Management Agency: Emergency
Management Planning and Assistance, $115,000,000.
COMPLIANCE WITH PARAGRAPH 7(C), RULE XXVI OF THE STANDING RULES OF THE
SENATE
Pursuant to paragraph 7(c) of rule XXVI, the accompanying
bill was ordered reported from the Committee by recorded vote
of 29-0, a quorum being present.
Yeas Nays
Chairman Byrd
Mr. Inouye
Mr. Hollings
Mr. Leahy
Mr. Harkin
Ms. Mikulski
Mr. Reid
Mr. Kohl
Mrs. Murray
Mr. Dorgan
Mrs. Feinstein
Mr. Durbin
Mr. Johnson
Ms. Landrieu
Mr. Reed
Mr. Stevens
Mr. Cochran
Mr. Specter
Mr. Domenici
Mr. Bond
Mr. McConnell
Mr. Burns
Mr. Shelby
Mr. Gregg
Mr. Bennett
Mr. Campbell
Mr. Craig
Mrs. Hutchison
Mr. DeWine
COMPLIANCE WITH PARAGRAPH 12, RULE XXVI OF THE STANDING RULES OF THE
SENATE
Paragraph 12 of rule XXVI requires that Committee reports
on a bill or joint resolution repealing or amending any statute
or part of any statute include ``(a) the text of the statute or
part thereof which is proposed to be repealed; and (b) a
comparative print of that part of the bill or joint resolution
making the amendment and of the statute or part thereof
proposed to be amended, showing by stricken-through type and
italics, parallel columns, or other appropriate typographical
devices the omissions and insertions which would be made by the
bill or joint resolution if enacted in the form recommended by
the committee.''
In compliance with this rule, the following changes in
existing law proposed to be made by the bill are shown as
follows: existing law to be omitted is enclosed in black
brackets; new matter is printed in Italics; and existing law in
which no change is proposed is shown in Roman.
TITLE 26--INTERNAL REVENUE CODE
* * * * * * *
Subtitle C--Employment Taxes
* * * * * * *
CHAPTER 23--FEDERAL UNEMPLOYMENT TAX ACT
Sec. 3306. Definitions
(a) Employer
* * * * * * *
(u) Indian tribe
For purposes of this chapter, the term ``Indian tribe'' has
the meaning given to such term by section 4(e) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b(e)), and includes any subdivision, subsidiary, or business
enterprise wholly owned by such an Indian tribe. Such term does
not include any entity located in Alaska.
* * * * * * *
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
* * * * * * *
PART II--DEPARTMENT OF JUSTICE
* * * * * * *
CHAPTER 31--THE ATTORNEY GENERAL
* * * * * * *
Sec. 504. Deputy Attorney General and a Principal Associate Deputy
Attorney General for Combating Terrorism
The President may appoint, by and with the advice and
consent of the Senate, a Deputy Attorney General and a
Principal Associate Deputy Attorney General for Combating
Terrorism.
* * * * * * *
SECTION 9 OF THE ACT OF JULY 31, 1946
AN ACT To define the area of the United States Capitol Grounds, to
regulate the use thereof, and for other purposes
Sec. 9. (a) * * *
* * * * * * *
[(b)] (c) For purposes of this section, ``the United States
Capital Buildings and Grounds'' shall include any building or
facility acquired by the Chief Administrative Officer of the
House of Representatives for the use of the House of
Representatives for which the Chief Administrative Officer has
entered into an agreement with the United States Capitol Police
for the policing of the building or facility.
* * * * * * *
ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965
* * * * * * *
TITLE VIII--IMPACT AID
SEC. 8001. * * *
* * * * * * *
SEC. 8003. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.
(a) * * *
* * * * * * *
(b) * * *
(1) * * *
(F) * * *
(G) Beginning with fiscal year 2002, for
the purpose of calculating a payment under this
paragraph for a local educational agency whose
local contribution rate was computed under
subparagraph (C)(iii) for the previous year,
the Secretary shall use a local contribution
rate that is not less than 95 percent of the
rate that the LEA received for the preceding
year.
* * * * * * *
(2) * * *
* * * * * * *
(D) Maximum amount for regular heavily
impacted local educational agencies.--(i) * * *
(ii)(I) * * *
* * * * * * *
(III) [For a local educational agency that
has an enrollment of more than 100 but not more
than 750 children described in subsection
(a)(1), the Secretary shall calculate the total
number of weighted student units for purposes
of subsection (a)(2) by multiplying the number
of such children by a factor of 1.25.] For a
local educational agency that does not qualify
under (B)(i)(II)(aa) of this subsection and has
an enrollment of more than 100 but not more
than 1,000 children described in subsection
(a)(1), the Secretary shall calculate the total
number of weighted student units for purposes
of subsection (a)(2) by multiplying the number
of such children by a factor of 1.25.
* * * * * * *
HIGHER EDUCATION AMENDMENTS OF 1968
* * * * * * *
PART D--GRANTS TO STATES FOR WORKPLACE AND COMMUNITY TRANSITION
TRAINING FOR INCARCERATED YOUTH OFFENDERS
SEC. 821. GRANTS TO STATES FOR WORKPLACE AND COMMUNITY TRANSITION
TRAINING FOR INCARCERATED YOUTH OFFENDERS.
(a) * * *
* * * * * * *
(b) Definition.--For purposes of this part, the term
``youth offender'' means a male or female offender under the
age of [25] 35, who is incarcerated in a State prison,
including a prerelease facility.
* * * * * * *
(e) * * *
(1) * * *
* * * * * * *
(3) provide to each State for each student eligible
under subsection (f ) not more than [$1,500] $2,000
annually for tuition, books, and essential materials,
and not more than $300 annually for related services
such as career development, substance abuse counseling,
parenting skills training, and health education, for
each eligible incarcerated youth.
(f) Student Eligibility.--A youth offender shall be
eligible for participation in a program receiving a grant under
this section if the youth offender--
(1) is eligible to be released within 5 years
(including a youth offender who is eligible for parole
within such time); and
(2) is [25] 35 years of age or younger.
* * * * * * *
PUBLIC HEALTH SERVICE ACT
TITLE IV--NATIONAL RESEARCH INSTITUTES
Part A--National Institutes of Health
Sec. 401. * * *
* * * * * * *
Part G--Awards and Training
[national research service awards] ruth l. kirschstein national
research service awards
Sec. 487. (a)(1) The Secretary shall--
(A) provide [National Research Service Awards] Ruth
L. Kirschstein National Research Service Awards for--
(i) biomedical and behavioral research at
the National Institutes of Health in matters
relating to the cause, diagnosis, prevention,
and treatment of the diseases or other health
problems to which the activities of the
National Institutes of Health and
Administration are directed;
(ii) training at the National Institutes of
Health and at the Administration of individuals
to undertake such research;
(iii) biomedical and behavioral research
and health services research (including
research in primary medical care) at public and
nonprofit private entities; and
(iv) pre-doctoral and post-doctoral
training at public and private institutions of
individuals to undertake biomedical and
behavioral research;
(B) make grants to public and nonprofit private
institutions to enable such institutions to make
[National Research Service Awards] Ruth L. Kirschstein
National Research Service Awards for research (and
training to undertake biomedical and behavioral
research) in the matters described in subparagraph
(A)(i) to individuals selected by such institutions;
and
(C) provide contracts for scholarships and loan
repayments in accordance with sections 487D and 487E,
subject to providing not more than an aggregate 50 such
contracts during the fiscal years 1994 through 1996.
A reference in this subsection to the National Institutes of
Health shall be considered to include the institutes, agencies,
divisions, and bureaus included in the National Institutes of
Health or under the Administration, as the case may be.
(2) [National Research Service Awards] Ruth L. Kirschstein
National Research Service Awards may not be used to support
residency training of physicians and other health
professionals.
(3) In awarding [National Research Service Awards] Ruth L.
Kirschstein National Research Service Awards under this
section, the Secretary shall take account of the Nation's
overall need for biomedical research personnel by giving
special consideration to physicians who agree to undertake a
minimum of two years of biomedical research.
(4) The Secretary shall carry out paragraph (1) in a manner
that will result in the recruitment of women, and individuals
from disadvantaged backgrounds (including racial and ethnic
minorities), into fields of biomedical or behavioral research
and in the provision of research training to women and such
individuals.
(b)(1) No [National Research Service Award] Ruth L.
Kirschstein National Research Service Award may be made by the
Secretary to any individual unless--
(A) the individual has submitted to the Secretary
an application therefor and the Secretary has approved
the application;
(B) the individual provides, in such form and
manner as the Secretary shall by regulation prescribe,
assurances satisfactory to the Secretary that the
individual will meet the service requirement of
subsection (c); and
(C) in the case of a [National Research Service
Award] Ruth L. Kirschstein National Research Service
Award for a purpose described in subsection
(a)(1)(A)(iii), the individual has been sponsored (in
such manner as the Secretary may by regulation require)
by the institution at which the research or training
under the award will be conducted.
An application for an award shall be in such form, submitted in
such manner, and contain such information, as the Secretary may
by regulation prescribe.
(2) The making of grants under subsection (a)(1)(B) for
[National Research Service Awards] Ruth L. Kirschstein National
Research Service Awards shall be subject to review and approval
by the appropriate advisory councils within the Department of
Health and Human Services (A) whose activities relate to the
research or training under the awards, or (B) for the entity at
which such research or training will be conducted.
(3) No grant may be made under subsection (a)(1)(B) unless
an application therefor has been submitted to and approved by
the Secretary. Such application shall be in such form,
submitted in such manner, and contain such information, as the
Secretary may by regulation prescribe. Subject to the
provisions of this section (other than paragraph (1)),
[National Research Service Awards] Ruth L. Kirschstein National
Research Service Awards made under a grant under subsection
(a)(1)(B) shall be made in accordance with such regulations as
the Secretary shall prescribe.
(4) The period of any [National Research Service Award]
Ruth L. Kirschstein National Research Service Award made to any
individual under subsection (a) may not exceed--
(A) five years in the aggregate for pre-doctoral
training; and
(B) three years in the aggregate for post-doctoral
training;
unless the Secretary for good cause shown waives the
application of such limit to such individual.
(5) [National Research Service Awards] Ruth L. Kirschstein
National Research Service Awards shall provide for such
stipends, tuition, fees, and allowances (including travel and
subsistence expenses and dependency allowances), adjusted
periodically to reflect increases in the cost of living, for
the recipients of the awards as the Secretary may deem
necessary. A [National Research Service Award] Ruth L.
Kirschstein National Research Service Award made to an
individual for research or research training at a non-Federal
public or nonprofit private institution shall also provide for
payments to be made to the institution for the cost of support
services (including the cost of faculty salaries, supplies,
equipment, general research support, and related items)
provided such individual by such institution. The amount of any
such payments to any institution shall be determined by the
Secretary and shall bear a direct relationship to the
reasonable costs of the institution for establishing and
maintaining the quality of its biomedical and behavioral
research and training programs.
(c)(1) Each individual who is awarded a [National Research
Service Award] Ruth L. Kirschstein National Research Service
Award for postdoctoral research training shall, in accordance
with paragraph (3), engage in research training, research, or
teaching that is health-related (or any combination thereof)
for the period specified in paragraph (2). Such period shall be
served in accordance with the usual patterns of scientific
employment.
(2)(A) The period referred to in paragraph (1) is 12
months, or one month for each month for which the individual
involved receives a [National Research Service Award] Ruth L.
Kirschstein National Research Service Award for postdoctoral
research training, whichever is less.
(B) With respect to postdoctoral research training, in any
case in which an individual receives a [National Research
Service Award] Ruth L. Kirschstein National Research Service
Award for more than 12 months, the 13th month and each
subsequent month of performing activities under the Award shall
be considered to be activities engaged in toward satisfaction
of the requirement established in paragraph (1) regarding a
period of service.
(3) The requirement of paragraph (1) shall be complied with
by any individual to whom it applies within such reasonable
period of time, after the completion of such individual's
award, as the Secretary shall by regulation prescribe. The
Secretary shall by regulation prescribe the type of research
and teaching in which an individual may engage to comply with
such requirement and such other requirements respecting
research and teaching as the Secretary considers appropriate.
(4)(A) If any individual to whom the requirement of
paragraph (1) is applicable fails, within the period prescribed
by paragraph (3), to comply with such requirements, the United
States shall be entitled to recover from such individual an
amount determined in accordance with the formula--
t--s
A= <3-ln (> ------- <3-ln )>
t
----------------------------------------------------------------------------------------------------------------
in which ``A'' is the amount the United States is entitled to
recover; ``'' is the sum of the total amount paid
under one or more [National Research Service Awards] Ruth L.
Kirschstein National Research Service Awards to such
individual; ``t'' is the total number of months in such
individual's service obligation; and ``s'' is the number of
months of such obligation served by such individual in
accordance with paragraphs (1) and (2) of this subsection.
(B) Any amount which the United States is entitled to
recover under subparagraph (A) shall, within the three-year
period beginning on the date the United States becomes entitled
to recover such amount, be paid to the United States. Until any
amount due the United States under subparagraph (A) on account
of any [National Research Service Award] Ruth L. Kirschstein
National Research Service Award is paid, there shall accrue to
the United States interest on such amount at a rate fixed by
the Secretary of the Treasury after taking into consideration
private consumer rates of interest prevailing on the date the
United States becomes entitled to such amount.
(5)(A) Any obligation of an individual under paragraph (1)
shall be canceled upon the death of such individual.
(B) The Secretary shall by regulation provide for the
waiver or suspension of any such obligation applicable to any
individual whenever compliance by such individual is impossible
or would involve substantial hardship to such individual or
would be against equity and good conscience.
(d) For the purpose of carrying out this section, there are
authorized to be appropriated $400,000,000 for fiscal year
1994, and such sums as may be necessary for each of the fiscal
years 1995 and 1996. Of the amounts appropriated under this
subsection--
(1) not less than 15 percent shall be made
available for payments under [National Research Service
Awards] Ruth L. Kirschstein National Research Service
Awards provided by the Secretary under subsection
(a)(1)(A);
(2) not less than 50 percent shall be made
available for grants under subsection (a)(1)(B) for
[National Research Service Awards] Ruth L. Kirschstein
National Research Service Awards;
(3) 1 percent shall be made available to the
Secretary, acting through the Administrator of the
Health Resources and Services Administration, for
payments under [National Research Service Awards] Ruth
L. Kirschstein National Research Service Awards which
(A) are made to individuals affiliated with entities
which have received grants or contracts under section
747, 748, or 749, and (B) are for research in primary
medical care; and 1 percent shall be made available for
payments under [National Research Service Awards] Ruth
L. Kirschstein National Research Service Awards made
for health services research by the Agency for Health
Care Policy and Research under section 304(a); and
(4) not more than 4 percent may be obligated for
[National Research Service Awards] Ruth L. Kirschstein
National Research Service Awards for periods of three
months or less.
* * * * * * *
TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY, PUBLIC LAW 105-178
TITLE I--FEDERAL-AID HIGHWAYS
Subtitle A--Authorizations and Programs
* * * * * * *
SEC. 1102. OBLIGATION CEILING.
(a) * * *
* * * * * * *
(j) * * *
* * * * * * *
(k) Notwithstanding any other provision of law, the
obligations for Federal-aid highway and highway safety
construction programs for fiscal year 2003 shall be not less
than $27,746,000,000 and not more than $28,900,000,000.
* * * * * * *
PUBLIC LAW 105-204
An Act to require the Secretary of Energy to submit to Congress a plan
to ensure that all amounts accrued on the books of the United States
Enrichment Corporation for the disposition of depleted uranium
hexafluoride will be used to treat and recycle depleted uranium
hexafluoride.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. UNITED STATES ENRICHMENT CORPORATION.
(a) Plan.--The Secretary of Energy shall prepare, and the
President shall include in the budget request for fiscal year
2000, a plan and proposed legislation to ensure that all
amounts accrued on the books of the United States Enrichment
Corporation for the disposition of depleted uranium
hexafluoride will be used to commence construction of, not
later than January 31, 2004, and to operate, an onsite facility
at each of the gaseous diffusion plants at Paducah, Kentucky,
and Portsmouth, Ohio, to treat and recycle depleted uranium
hexafluoride consistent with the National Environmental Policy
Act.
(b) Limitation.--Notwithstanding the privatization of the
United States Enrichment Corporation and notwithstanding any
other provision of law (including the repeal of chapters 22
through 26 of the Atomic Energy Act of 1954 (42 U.S.C. 2297 et
seq.) made by section 3116(a)(1) of the United States
Enrichment Corporation Privatization Act (104 Stat. 1321-349),
no amounts described in subsection (a) shall be withdrawn from
the United States Enrichment Corporation Fund established by
section 1308 of the Atomic Energy Act of 1954 (42 U.S.C. 2297b-
7) or the Working Capital Account established under section
1316 of the Atomic Energy Act of 1954 (42 U.S.C. 2297b-15)
[until the date that is 1 year after the date on which the
President submits to Congress the budget request for fiscal
year 2000.] until the date that is 30 days after the date on
which the Secretary of Energy awards a contract under
subsection (c), and no such amounts shall be available for any
purpose except to implement the contract.
[(c) Sense of the Senate.--It is the sense of the Senate
that Congress should authorize appropriations during fiscal
year 2000 in an amount sufficient to fully fund the plan
described in subsection (a).]
(c) Contracting and Construction Requirements.--
(1) In general.--Not later than 30 days after the
date of enactment of this paragraph, subject to the
availablilty of appropriations made to the Department
of Energy under the heading, ``uranium facilities
maintenance and remediation'', the Secretary of Energy
shall--
(A) select for award of a contract the best
value proposal of the proposals received before
January 15, 2002, to Request for Proposals No.
DE-RP05-010R22717, ``Acquisition of Facilities
and Services for Depleted Uranium Hexafluoride
(DUF6) Conversion Project''; and
(B) award the offeror under that proposal a
contract, subject to the availability of
appropriations, for the scope of work stated in
the request for proposals, including the
design, construction, and operation of--
(i) a facility described in
subsection (a) on the site of the
gaseous diffusion plant at Paducah,
Kentucky; and
(ii) a facility described in
subsection (a) on the site of the
gaseous diffusion plant at Portsmouth,
Ohio.
(2) Contract terms.--The contract under paragraph
(1) shall--
(A) require that groundbreaking for
construction occur not later than January 31,
2004, and that construction proceed
expeditiously thereafter;
(B) include as an item of performance the
transportation, conversion, and disposition of
depleted uranium contained in cylinders located
at the Oak Ridge K-25 uranium enrichment
facility located in the East Tennessee
Technology Park at Oak Ridge, Tennessee,
consistent with environmental agreements
between the State of Tennessee and the
Secretary of Energy; and
(C) specify that the contractor shall not
proceed to perform any part of the contract
unless sufficient funds have been appropriated,
in advance, specifically to pay for that part
of the contract.
(3) Certification of groundbreaking.--Not later
than 5 days after the date of groundbreaking for each
facility, the Secretary of Energy shall submit to
Congress a certification that groundbreaking has
occurred.
(d) Authorization of Appropriations.--In addition to any
other funds that are available to carry out this section, there
are authorized to be appropriated such sums as are necessary to
carry out this section.
* * * * * * *
OMNIBUS CONSOLIDATED AND EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT,
1999, PUBLIC LAW 105-277
* * * * * * *
DIVISION C--OTHER MATTERS
TITLE I--OTHER MATTERS
* * * * * * *
TITLE II--FISHERIES
Subtitle I--Fishery Endorsements
* * * * * * *
SEC. 202. STANDARD FOR FISHERY ENDORSEMENTS.
(a) * * *
* * * * * * *
``(5) * * *
* * * * * * *
``(6) A vessel greater than 165 feet in registered length,
[of more than 750 gross registered tons] of more than 750 gross
registered tons (as measured under Chapter 145 of Title 46) or
1,900 gross registered tons as measured under Chapter 143 of
that Title), or that has an engine or engines capable of
producing a total of more than 3,000 shaft horsepower is not
eligible for a fishery endorsement under section 12108 of this
title unless--
* * * * * * *
SEC. 212. RESTRICTION ON FEDERAL LOANS.
Section 302(b) of the Fisheries Financing Act (46 U.S.C.
1274 note) is amended--
(1) by inserting ``(1)'' before ``Until October 1,
2001''; and
(2) by inserting at the end the following new
paragraph:
``(2) No loans may be provided or guaranteed by the
Federal Government for the construction or rebuilding
of a vessel intended for use as a fishing vessel (as
defined in section 2101 of title 46, United States
Code), if such vessel will be greater than 165 feet in
registered length, [of more than 750 gross registered
tons] of more than 750 gross registered tons (as
measured under Chapter 145 of Title 46) or 1,900 gross
registered tons as measured under Chapter 143 of that
Title), or have an engine or engines capable of
producing a total of more than 3,000 shaft horsepower,
after such construction or rebuilding is completed.
This prohibition shall not apply to vessels to be used
in the menhaden fishery or in tuna purse seine
fisheries outside the exclusive economic zone of the
United States or the area of the South Pacific Regional
Fisheries Treaty.''.
* * * * * * *
OCEANS ACT OF 2000, PUBLIC LAW 106-256
SEC. 3. COMMISSION ON OCEAN POLICY.
(a) * * *
* * * * * * *
(f) Report.--
(1) In general.--Within [18] 29 months after the
establishment of the Commission, the Commission shall
submit to Congress and the President a final report of
its findings and recommendations regarding United
States ocean policy.
* * * * * * *
DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS ACT,
2001, PUBLIC LAW 106-346
* * * * * * *
TITLE III--GENERAL PROVISIONS
* * * * * * *
Sec. 354. For the purpose of constructing an underpass to
improve access and enhance highway/rail safety and economic
development along Star Landing Road or Nail Road in DeSoto
County, Mississippi, the State of Mississippi may use funds
previously allocated to it under the transportation
enhancements program, if available.
* * * * * * *
DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS, ACT,
FISCAL YEAR 2002, PUBLIC LAW 107-63
TITLE I--DEPARTMENT OF THE INTERIOR
* * * * * * *
Minerals Management Service
royalty and offshore minerals management
For expenses necessary for minerals leasing and
environmental studies, regulation of industry operations, and
collection of royalties, as authorized by law; for enforcing
laws and regulations applicable to oil, gas, and other minerals
leases, permits, licenses and operating contracts; and for
matching grants or cooperative agreements; including the
purchase of not to exceed eight passenger motor vehicles for
replacement only, $150,667,000, of which $83,344,000, shall be
available for royalty management activities; and an amount not
to exceed $102,730,000, to be credited to this appropriation
and to remain available until expended, from additions to
receipts resulting from increases to rates in effect on August
5, 1993, from rate increases to fee collections for Outer
Continental Shelf administrative activities performed by the
Minerals Management Service over and above the rates in effect
on September 30, 1993, and from additional fees for Outer
Continental Shelf administrative activities established after
September 30, 1993: Provided, That to the extent $102,730,000
in additions to receipts are not realized from the sources of
receipts stated above, the amount needed to reach $102,730,000
shall be credited to this appropriation from receipts resulting
from rental rates for Outer Continental Shelf leases in effect
before August 5, 1993: Provided further, That $3,000,000 for
computer acquisitions shall remain available until September
30, 2003: Provided further, That funds appropriated under this
Act shall be available for the payment of interest in
accordance with 30 U.S.C. 1721(b) and (d): Provided further,
That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine
cleanup activities: Provided further, That notwithstanding any
other provision of law, $15,000 under this heading shall be
available for refunds of overpayments in connection with
certain Indian leases in which the Director of the Minerals
Management Service (MMS) concurred with the claimed refund due,
to pay amounts owed to Indian allottees or tribes, or to
correct prior unrecoverable erroneous payments: Provided
further, That MMS may under the royalty-in-kind pilot program,
or under its authority to transfer oil to the Strategic
Petroleum Reserve use a portion of the revenues from royalty-
in-kind sales, without regard to fiscal year limitation, to pay
for transportation to wholesale market centers or upstream
pooling points, [and] to process or otherwise dispose of
royalty production taken in kind and to recover MMS
transportation costs, salaries and other administrative costs
directly related to filling the Strategic Petroleum Reserve:
Provided further, That MMS shall analyze and document the
expected return in advance of any royalty-in-kind sales to
assure to the maximum extent practicable that royalty income
under the pilot program is equal to or greater than royalty
income recognized under a comparable royalty-in-value program.
* * * * * * *
DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2002, PUBLIC LAW 107-77
TITLE I--DEPARTMENT OF JUSTICE
* * * * * * *
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
* * * * * * *
DEPARTMENT OF COMMERCE
* * * * * * *
Science and Technology
* * * * * * *
National Institute of Standards and Technology
* * * * * * *
industrial technology services
For necessary expenses of the Manufacturing Extension
Partnership of the National Institute of Standards and
Technology, $106,522,000, to remain available until expended:
Provided, That the Secretary of Commerce is authorized to enter
into agreements with one or more nonprofit organizations for
the purpose of carrying out collective research and development
initiatives pertaining to 15 U.S.C. 278k paragraph (a), and is
authorized to seek and accept contributions from public and
private sources to support these efforts as necessary.
In addition, for necessary expenses of the Advanced
Technology Program of the National Institute of Standards and
Technology, $184,500,000, to remain available until expended,
of which [not to exceed $60,700,000 shall be available for the
award of new grants] not less than $60,700,000 shall be used
before October 1, 2002 for the award of new grants.
* * * * * * *
DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS ACT,
2002, PUBLIC LAW 107-87
* * * * * * *
TITLE III
GENERAL PROVISIONS
* * * * * * *
Sec. 335. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration and
the Transportation Security Administration without cost
building construction, maintenance, utilities and expenses, or
space in airport sponsor-owned buildings for services relating
to air traffic control, air navigation, aviation security or
weather reporting: Provided, That the prohibition of funds in
this section does not apply to negotiations between the agency
and airport sponsors to achieve agreement on ``below-market''
rates for these items or to grant assurances that require
airport sponsors to provide land without cost to the FAA for
air traffic control facilities and the TSA for necessary
security checkpoints.
* * * * * * *
DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 2002, PUBLIC LAW 107-96
* * * * * * *
DISTRICT OF COLUMBIA FUNDS
FEDERAL FUNDS
* * * * * * *
Federal Payment to Southeastern University
For a Federal payment to Southeastern University, $500,000
for a public/private partnership [with the District of Columbia
Public Schools at the McKinley Technology High School campus.]
to plan a two year associate degree program.
* * * * * * *
Federal Payment to the Thurgood Marshall Academy Charter School
For a Federal payment to the Thurgood Marshall Academy
Charter School, $1,000,000 to be used to acquire and renovate
an educational facility in [Anacostia] Southeast, Washington,
D.C..
* * * * * * *
OPERATING EXPENSES
* * * * * * *
Governmental Direction and Support
Governmental direction and support, $286,138,000 (including
$229,421,000 from local funds, $38,809,000 from Federal funds,
and $17,908,000 from other funds): Provided, That not to exceed
$2,500 for the Mayor, $2,500 for the Chairman of the Council of
the District of Columbia, and $2,500 for the City Administrator
shall be available from this appropriation for official
purposes: Provided further, That any program fees collected
from the issuance of debt shall be available for the payment of
expenses of the debt management program of the District of
Columbia: Provided further, That no revenues from Federal
sources shall be used to support the operations or activities
of the Statehood Commission and Statehood Compact Commission:
Provided further, That the District of Columbia shall identify
the sources of funding for Admission to Statehood from its own
locally-generated revenues: Provided further, That
notwithstanding any other provision of law, or Mayor's Order
86-45, issued March 18, 1986, the Office of the Chief
Technology Officer's delegated small purchase authority shall
be $500,000: Provided further, That the District of Columbia
government may not require the Office of the Chief Technology
Officer to submit to any other procurement review process, or
to obtain the approval of or be restricted in any manner by any
official or employee of the District of Columbia government,
for purchases that do not exceed $500,000: [Provided further,
That not less than $353,000 shall be available to the Office of
the Corporation Counsel to support increases in the Attorney
Retention Allowance] Provided further, That not less than
$353,000 shall be available to the Office of the Corporation
Counsel to support attorney compensation consistent with
performance measures contained in a negotiated collective
bargaining agreement: Provided further, That not less than
$50,000 shall be available to support a mediation services
program within the Office of the Corporation Counsel: Provided
further, That not less than $50,000 shall be available to
support a TANF Unit within the Child Support Enforcement
Division of the Office of the Corporation Counsel: Provided
further, That of all funds in the District of Columbia
Antitrust Fund established pursuant to section 2 of the
District of Columbia Antitrust Act of 1980 (D.C. Law 3-169;
D.C. Official Code, sec. 28-4516) an amount not to exceed
$386,000, of all funds in the Antifraud Fund established
pursuant to section 820 of the District of Columbia Procurement
Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-
85; D.C. Official Code, sec. 2-308.20) an amount not to exceed
$10,000, and of all funds in the District of Columbia Consumer
Protection Fund established pursuant to section 1402 of the
District of Columbia Budget Support Act for fiscal year 2001
(D.C. Law 13-172; D.C. Official Code, sec. 28-3911) an amount
not to exceed $233,000, are hereby made available for the use
of the Office of the Corporation Counsel of the District of
Columbia until September 30, 2003, in accordance with the
statutes that established these funds.
* * * * * * *
Repayment of Loans and Interest
For payment of principal, interest, and certain fees
directly resulting from borrowing by the District of Columbia
to fund District of Columbia capital projects as authorized by
sections 462, 475, and 490 of the District of Columbia Home
Rule Act (Public Law 93-198; D.C. Official Code, secs. 1-
204.62, 1-204.75, 1-204.90), $247,902,000 from local funds:
[Provided, That any funds set aside pursuant to section 148 of
the District of Columbia Appropriations Act, 2000 (Public Law
106-113; 113 Stat. 1523) that are not used in the reserve funds
established herein shall be used for Pay-As-You-Go Capital
Funds:] Provided, That any funds set aside pursuant to section
148 of the District of Columbia Appropriations Act, 2000
(Public Law 106-113; 113 Stat. 1523) that are not used in the
reserve funds established herein shall be used for Pay-As-You-
Go Capital Funds upon certification by the Chief Financial
Officer of the District of Columbia that the funds are
available and are not required to address potential deficits:
Provided further, That of those funds necessary to address
potential deficits, no funds shall be obligated or expended
except in accordance with the following conditions:
(1) the amounts shall be obligated or expended in
accordance with laws enacted by the Council in support
of each such obligation or expenditure;
(2) the amounts may not be used to fund the
agencies of the District of Columbia government under
court-ordered receivership;
(3) the amounts may be obligated or expended only
if the Mayor notifies the Committees on Appropriations
of the House of Representatives and Senate in writing
30 days in advance of any obligation or expenditure;
and
(4) amounts made available to address potential
deficits shall remain available until expended:
Provided further, That for equipment leases, the Mayor
may finance $14,300,000 of equipment cost, plus cost of
issuance not to exceed 2 percent of the par amount
being financed on a lease purchase basis with a
maturity not to exceed 5 years: Provided further, That
$4,440,000 shall be for the Fire and Emergency Medical
Services Department, $2,010,000 shall be for the
Department of Parks and Recreation, and $7,850,000
shall be for the Department of Public Works: Provided
further, That no less than $533,000 be available for
trash transfer capital debt service.
* * * * * * *
GENERAL PROVISIONS
[Sec. 119. Acceptance and Use of Grants Not Included in
Ceiling. (a) In General.--Notwithstanding any other provision
of this Act, the Mayor, in consultation with the Chief
Financial Officer may accept, obligate, and expend Federal,
private, and other grants received by the District government
that are not reflected in the amounts appropriated in this Act.
[(b) Requirement of Chief Financial Officer Report and
Council Approval.--No such Federal, private, or other grant may
be accepted, obligated, or expended pursuant to subsection (a)
until--
[(1) the Chief Financial Officer of the District of
Columbia submits to the Council a report setting forth
detailed information regarding such grant; and
[(2) the Council within 15 calendar days after
receipt of the report submitted under paragraph (1) has
reviewed and approved the acceptance, obligation, and
expenditure of such grant.
[(c) Prohibition on Spending in Anticipation of Approval or
Receipt.--No amount may be obligated or expended from the
general fund or other funds of the District government in
anticipation of the approval or receipt of a grant under
subsection (b)(2) of this section or in anticipation of the
approval or receipt of a Federal, private, or other grant not
subject to such paragraph.
[(d) Quarterly Reports.--The Chief Financial Officer of the
District of Columbia shall prepare a quarterly report setting
forth detailed information regarding all Federal, private, and
other grants subject to this section. Each such report shall be
submitted to the Council of the District of Columbia, and to
the Committees on Appropriations of the House of
Representatives and the Senate, not later than 15 days after
the end of the quarter covered by the report.]
Sec. 119. Acceptance and Use of Grants Not Included in
Ceiling. (a) In General.--Notwithstanding any other provision
of this Act, the Mayor, in consultation with the Chief
Financial Officer, may accept, obligate, and expend Federal,
private, and other grants received by the District government
that are not reflected in the amounts appropriated in this Act.
(b) Requirement of Chief Financial Officer Report and
Council Approval.--No such Federal, private, or other grant may
be accepted, obligated, or expended pursuant to subsection (a)
until--
(1) the Chief Financial Officer of the District of
Columbia submits to the Council a report setting forth
detailed information regarding such grant; and
(2) the Council has reviewed and approved the
acceptance, obligation, and expenditure of such grant.
Within 14 calendar days of receipt of the report
submitted under paragraph (1) the Council shall be
deemed to have provided such approval if no written
notice of disapproval is filed with the Secretary to
the Council within 14 calendar days of the receipt of
the report from the Chief Financial Officer, and no
oral notice of disapproval is given during a meeting of
the Council during such 14 calendar day period. If
notice of disapproval is given during such initial 14
calendar day period, the Council may approve or
disapprove the acceptance, obligation or expenditure of
the grant by resolution within 30 calendar days of the
initial receipt of the report from the Chief Financial
Officer, or such certification shall be deemed to be
approved.
(c) Prohibition on Spending in Anticipation of Approval or
Receipt.--No amount may be obligated or expended from the
general fund or other funds of the District government in
anticipation of the approval or receipt of a grant under
subsection (a) or in anticipation of the approval or receipt of
a Federal, private, or other grant not subject to these
provisions.
(d) Quarterly Reports.--The Chief Financial Officer of the
District of Columbia shall prepare a quarterly report setting
forth detailed information regarding all Federal, private, and
other grants subject to these provisions. Each such report
shall be submitted to the Council of the District of Columbia,
and to the Committees on Appropriations of the House of
Representatives and the Senate, not later than 15 days after
the end of the quarter covered by the report.
* * * * * * *
FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS ACT, 2002, PUBLIC LAW 107-115
* * * * * * *
TITLE V--GENERAL PROVISIONS
* * * * * * *
Sec. 576. (a) Limitations on Amount of Contribution.--Of
the amounts made available under ``International Organizations
and Programs'', [not more than] $34,000,000 for fiscal year
2002 shall be made available for the United Nations Population
Fund (hereafter in this section referred to as the ``UNFPA'').
(b) Prohibition on Use of Funds in China.--None of the
funds made available under ``International Organizations and
Programs'' may be made available for the UNFPA for a country
program in the People's Republic of China.
(c) Conditions on Availability of Funds.--Amounts made
available under ``International Organizations and Programs''
for fiscal year 2002 for the UNFPA may not be made available to
UNFPA unless--
(1) the UNFPA maintains amounts made available to
the UNFPA under this section in an account separate
from other accounts of the UNFPA;
(2) the UNFPA does not commingle amounts made
available to the UNFPA under this section with other
sums; and
(3) the UNFPA does not fund abortions.
(d) Obligation and Disbursement.--Funds made available
pursuant to subsection (a) shall be obligated and disbursed not
later than July 10, 2002, unless otherwise prohibited by law.
* * * * * * *
DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2002, PUBLIC LAW 107-116
* * * * * * *
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
Health Resources and Services
For carrying out titles II, III, IV, VII, VIII, X, XII,
XIX, and XXVI of the Public Health Service Act, section 427(a)
of the Federal Coal Mine Health and Safety Act, title V and
sections 1128E and 1820 of the Social Security Act, the Health
Care Quality Improvement Act of 1986, as amended, the Native
Hawaiian Health Care Act of 1988, as amended, the Cardiac
Arrest Survival Act of 2000, and the Poison Control Center
Enhancement and Awareness Act, $6,081,237,000, of which
[$311,978,000] $315,333,000 shall be available for construction
and renovation of health care and other facilities, and of
which $40,000,000 from general revenues, notwithstanding
section 1820(j) of the Social Security Act, shall be available
for carrying out the Medicare rural hospital flexibility grants
program under section 1820 of such Act: Provided, That of the
funds made available under this heading, $250,000 shall be
available until expended for facilities renovations at the
Gillis W. Long Hansen's Disease Center: Provided further, That
in addition to fees authorized by section 427(b) of the Health
Care Quality Improvement Act of 1986, fees shall be collected
for the full disclosure of information under the Act sufficient
to recover the full costs of operating the National
Practitioner Data Bank, and shall remain available until
expended to carry out that Act: Provided further, That fees
collected for the full disclosure of information under the
``Health Care Fraud and Abuse Data Collection Program'',
authorized by section 1128E(d)(2) of the Social Security Act,
shall be sufficient to recover the full costs of operating the
program, and shall remain available until expended to carry out
that Act: Provided further, That no more than $15,000,000 is
available for carrying out the provisions of Public Law 104-73:
Provided further, That of the funds made available under this
heading, $265,085,000 shall be for the program under title X of
the Public Health Service Act to provide for voluntary family
planning projects: Provided further, That amounts provided to
said projects under such title shall not be expended for
abortions, that all pregnancy counseling shall be nondirective,
and that such amounts shall not be expended for any activity
(including the publication or distribution of literature) that
in any way tends to promote public support or opposition to any
legislative proposal or candidate for public office: Provided
further, That $639,000,000 shall be for State AIDS Drug
Assistance Programs authorized by section 2616 of the Public
Health Service Act: Provided further, That of the amount
provided under this heading, $80,000 shall be for the Wausau
Health Foundation in Wausau, Wisconsin, for a survey and
analysis of local health professionals' career paths to better
understand entry into and exit from health professions,
$100,000 shall be for the University of San Diego Institute for
the Advancement of Health Policy to assess through teaching,
research and delivery of services the impact of public policy
on families from vulnerable populations, $200,000 shall be for
the Luna County, New Mexico and the Columbus Volunteer Fire
Department to provide emergency medical services to immigrants,
$350,000 shall be for the Clinical Pharmacy Training Program at
the University of Hawaii at Hilo, $475,000 shall be for the
American Federation of Negro Affairs, $500,000 shall be for the
University of Washington Center for Health Workforce Studies in
Seattle, Washington, for a demonstration project to collect and
analyze health workforce data, $800,000 shall be for the
University of Iowa for the training of Certified Registered
Nurse Anesthetists, $1,000,000 shall be for the Washington
Health Foundation for a comprehensive demonstration project on
improving nurse retention, and $1,100,000 shall be for the Iowa
Department of Public Health to create a Center for Health Care
Workforce Shortage: Provided further, That, notwithstanding
section 502(a)(1) of the Social Security Act, not to exceed
$115,236,000 is available for carrying out special projects of
regional and national significance pursuant to section
501(a)(2) of such Act, of which $50,000 is for the Center for
Great Expectations, Somerville, New Jersey to provide prenatal
health care, education and counseling for pregnant teens,
$565,000 is for the Milwaukee Health Department for a pilot
program providing health care services to at-risk children in
day care, and $4,000,000 is for the Columbia Hospital for Women
Medical Center in Washington, D.C., to support community
outreach programs for women: Provided further, That $10,000,000
is available for special projects of regional and national
significance under section 501(a)(2) of the Social Security
Act, which shall not be counted toward compliance with the
allocation required in section 502(a)(1) of such Act, and which
shall be used only for making competitive grants to provide
abstinence education (as defined in section 510(b)(2) of such
Act) to adolescents and for evaluations (including longitudinal
evaluations) of activities under the grants and for Federal
costs of administering the grants: Provided further, That
grants under the immediately preceding proviso shall be made
only to public and private entities which agree that, with
respect to an adolescent to whom the entities provide
abstinence education under such grant, the entities will not
provide to that adolescent any other education regarding sexual
conduct, except that, in the case of an entity expressly
required by law to provide health information or services the
adolescent shall not be precluded from seeking health
information or services from the entity in a different setting
than the setting in which the abstinence education was
provided: Provided further, That the funds expended for such
evaluations may not exceed 3.5 percent of such amount.
* * * * * * *
TITLE III--DEPARTMENT OF EDUCATION
* * * * * * *
school improvement programs
For carrying out school improvement activities authorized
by titles II, IV, V, VI, and parts B and C of title VII of the
Elementary and Secondary Education Act of 1965; part B of title
II of the Higher Education Act; the McKinney-Vento Homeless
Assistance Act; and the Civil Rights Act of 1964,
$7,827,473,000, of which $1,717,609,000 shall become available
October 1, 2001, and shall remain available through September
30, 2003, of which $2,801,597,000 shall become available on
July 1, 2002, and remain available through September 30, 2003,
and of which $1,765,000,000 shall become available on October
1, 2002, and shall remain available through September 30, 2003,
for academic year 2002-2003: Provided, That $75,000,000 for
continuing and new grants to demonstrate effective approaches
to comprehensive school reform shall be allocated and expended
in the same manner as the funds provided under the Fund for the
Improvement of Education for this purpose were allocated and
expended in fiscal year 2001: Provided further, That
$142,189,000 shall be available to support the activities
authorized under subpart 4 of part D of title V of the ESEA, of
which up to 5 percent shall become available on October 1,
2001, for evaluation, technical assistance, school networking,
peer review of applications, and program outreach activities
and of which not less than 95 percent shall become available on
July 1, 2002, and remain available through September 30, 2003,
for grants to local educational agencies: Provided further,
That funds made available to local educational agencies under
this subpart shall be used only for activities related to
establishing smaller learning communities in high schools:
Provided further, That of the amount made available for subpart
3, part C, of title II of the ESEA, $2,000,000 shall be used by
the Center for Civic Education to implement a comprehensive
program to improve public knowledge, understanding, and support
of the Congress and the state legislatures: Provided further,
That $269,906,000 of the funds for subpart 1, part D of title V
of the ESEA shall be available for the projects and in the
amounts specified in the statement of the managers on the
conference report accompanying this Act: Provided further, That
of the amount made available under subpart 8, part D, title V
of the ESEA, $2,300,000 shall be available for Digital
Educational Programming Grants.
* * * * * * *
Education Research, Statistics, and Assessment
For carrying out activities authorized by the Educational
Research, Development, Dissemination, and Improvement Act of
1994, including part E; the National Education Statistics Act
of 1994, including sections 411 and 412; section 4 of the No
Child Left Behind Act of 2001; and title VI, part A of the
Elementary and Secondary Education Act, $443,870,000: Provided,
That $58,000,000 of the amount available for the national
education research institutes shall be allocated
notwithstanding section 912(m)(1)(B-F) and subparagraphs (B)
and (C) of section 931(c)(2) of Public Law 103-227: Provided
further, That $5,000,000 shall be available to extend for one
additional year the contract for the Eisenhower National
Clearinghouse for Mathematics and Science Education authorized
under section 2102(a)(2) of the Elementary and Secondary
Education Act of 1965, prior to its amendment by the No Child
Left Behind Act of 2001, Public Law 107-110.
* * * * * * *
DEPARTMENT OF DEFENSE AND EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR
RECOVERY FROM AND RESPONSE TO TERRORIST ATTACKS ON THE UNITED STATES
ACT, 2002, PUBLIC LAW 107-117
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS, 2002
* * * * * * *
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
* * * * * * *
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of facilities
and equipment, $11,498,506,000, to remain available for
obligation until September 30, 2003: Provided, That funds
appropriated in this paragraph which are available for the V-22
may be used to meet unique requirements of the Special
Operations Forces.
* * * * * * *
TITLE VIII
GENERAL PROVISIONS--DEPARTMENT OF DEFENSE
* * * * * * *
Sec. 8052. (a) * * *
* * * * * * *
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and certifies
to the Committees on Appropriations of the House of
Representatives and Senate that the granting of the waiver
[will reduce the personnel requirements or the financial
requirements of the department] either (1) will reduce the
personnel requirements or the financial requirements of the
department, or (2) is necessary in response to an emergency,
including responding to direct threats or incidents of
terrorism.
(c) This section does not apply to field operating agencies
funded within the National Foreign Intelligence Program.
* * * * * * *
DIVISION B--TRANSFERS FROM THE EMERGENCY RESPONSE FUND PURSUANT TO
PUBLIC LAW 107-38
* * * * * * *
CHAPTER 9
LEGISLATIVE BRANCH
* * * * * * *
SENATE
Administrative Provisions
Sec. 901. (a) Acquisition of Buildings and Facilities.--
Notwithstanding any other provision of law, in order to respond
to an emergency situation, the Sergeant at Arms of the Senate
may acquire [buildings and facilities] buildings and
facilities, subject to the availability of appropriations, for
the use of the Senate, as appropriate, by lease, purchase, or
such other arrangement as the Sergeant at Arms of the Senate
considers appropriate (including a memorandum of understanding
with the head of an executive agency, as defined in section 105
of title 5, United States Code, in the case of a building or
facility under the control of such Agency). Actions taken by
the Sergeant at Arms of the Senate must be approved by the
Committees on Appropriations and Rules and Administration.
* * * * * * *
OTHER LEGISLATIVE BRANCH
Administrative Provisions
* * * * * * *
Sec. 909. (a) Recruitment and Relocation Bonuses.--
(1) Authorization of payment.--The Capitol Police
Board (hereafter in this section referred to as the
``Board'') may authorize the Chief of the United States
Capitol Police (hereafter in this section referred to
as the ``Chief'') to pay a bonus to an individual who
is newly appointed to a position as an officer or
employee of the Capitol Police, and to pay an
additional bonus to an individual who must relocate to
accept a position as an officer or employee of the
Capitol Police, if the Board [determines that the
Capitol Police would be likely, in the absence of such
a bonus, to encounter difficulty in filling the
position], in the sole discretion of the Board,
determines that such a bonus will assist the Capitol
Police in recruitment efforts.
* * * * * * *
(5) * * *
(6) Determinations not appealable or reviewable.--
Any determination of the Board under this subsection
shall not be appealable or reviewable in any manner.
(b) Retention Allowances.--
(1) Authorization of payment.--The Board may
authorize the Chief to pay an allowance to an officer
or employee of the United States Capitol Police [if--]
if the Board, in the sole discretion of the Board,
determines that such a bonus will assist the Capitol
Police in retention efforts.
[(A) the unusually high or unique
qualifications of the officer or employee or a
special need of the Capitol Police for the
officer's or employee's services makes it
essential to retain the officer or employee;
and
[(B) the Chief determines that the officer
or employee would be likely to leave in the
absence of a retention allowance.]
(2) Amount of payment.--A retention allowance,
which shall be stated as a percentage of the rate of
basic pay of the officer or employee, may not exceed 25
percent of such rate of basic pay.
(3) Payment not considered part of basic pay.--A
retention allowance may not be considered to be part of
the basic pay of an officer or employee, and [the
reduction or elimination of a retention allowance may
not be appealed] any determination of the Board under
this subsection, or the reduction or elimination of a
retention allowance, shall not be appealable or
reviewable in any manner. The preceding sentence shall
not be construed to extinguish or lessen any right or
remedy under any of the laws made applicable to the
Capitol Police pursuant to section 102 of the
Congressional Accountability Act of 1995 (2 U.S.C.
1302).
(4) Time and manner of payment.--A retention
allowance under this subsection shall be paid at the
same time and in the same manner as the officer's or
employee's basic pay is paid.
(c) Lump Sum Incentive and Merit Bonus Payments.--
(1) In general.--The Board may pay an incentive or
merit bonus to an officer or employee of the United
States Capitol Police who meets such criteria for
receiving the bonus as the Board may establish.
(2) Bonus not considered part of basic pay.--A
bonus under this subsection shall be paid as a lump
sum, and may not be considered to be part of the basic
pay of the officer or employee.
(d) Service Step Increases for Meritorious Service for
Officers.--Upon the approval of the Chief--
(1) an officer of the United States Capitol Police
in a service step who has demonstrated meritorious
service (in accordance with criteria established by the
Chief or the Chief's designee) may be advanced in
compensation to the next higher service step, effective
with the first pay period which begins after the date
of the Chief's approval; and
(2) an officer of the United States Capitol Police
in a service step who has demonstrated extraordinary
performance (in accordance with criteria established by
the Chief or the Chief's designee) may be advanced in
compensation to the second next higher service step,
effective with the first pay period which begins after
the date of the Chief's approval.
(e) Additional Compensation for Field Training Officers.--
(1) In general.--Each officer of the United States
Capitol Police who is assigned to duty as a field
training officer shall receive, in addition to the
officer's scheduled rate of compensation, an additional
amount determined by the Board (but not to exceed
$2,000 per annum).
(2) Manner of payment.--The additional compensation
authorized by this subsection shall be paid to the
officer in the same manner as the officer is paid basic
compensation, except that when the officer ceases to be
assigned to duty as a field training officer, the loss
of such additional compensation shall not constitute an
adverse action for any purpose.
(f) Tuition Allowances.--The Capitol Police Board may
authorize the Chief to pay tuition allowances for payment or
reimbursement of education expenses in the same manner and to
the same extent as retention allowances under subsection (b).
[(f)] (g) Regulations.--
(1) In general.--The payment of bonuses,
allowances, step increases, compensation, and other
payments pursuant to this section shall be carried out
in accordance with regulations prescribed by the Board.
(2) Approval.--The regulations prescribed pursuant
to this subsection shall be subject to the approval of
the Committee on Rules and Administration of the
Senate, the Committee on House Administration of the
House of Representatives, and the Committees on
Appropriations of the Senate and the House of
Representatives.
[(g)] (h) Effective Date.--This section shall apply with
respect to fiscal year 2002 and each succeeding fiscal year.
* * * * * * *
DIVISION B--TRANSFERS FROM THE EMERGENCY RESPONSE FUND PURSUANT TO
PUBLIC LAW 107-38
* * * * * * *
CHAPTER 11
DEPARTMENT OF TRANSPORTATION
* * * * * * *
GENERAL PROVISIONS, THIS CHAPTER
* * * * * * *
Sec. 1106. The Department of Transportation and Related
Agencies Appropriations Act, 2002 is amended in section 330 by
striking ``$144,000,000'' and inserting ``$148,300,000'' and in
section 349 by striking ``$5,000,000'' and inserting
``$9,300,000'' and by striking ``$120,323,000'' and inserting
``[$116,023,000] $128,123,000''.
* * * * * * *
FARM SECURITY AND RURAL INVESTMENT ACT OF 2002
* * * * * * *
SEC. 10816. COUNTRY OF ORIGIN LABELING.
The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et
seq.) is amended by adding at the end the following:
``Subtitle D--Country of Origin Labeling
* * * * * * *
``SEC. 282. NOTICE OF COUNTRY OF ORIGIN.
``(a) * * *
``(1) * * *
``(2) * * *
``(A) * * *
* * * * * * *
[``(D) in the case of wild fish, is--
[``(i) harvested in waters of the
United States, a territory of the
United States, or a State; and
[``(ii) processed in the United
States, a territory of the United
States, or a State, including the
waters thereof; and]
(D) in the case of wild fish, is--
(i) harvested in the United States,
a territory of the United States, or a
State, or by a vessel that is
documented under chapter 121 of title
46, United States Code, or registered
in the United States; and
(ii) processed in the United
States, a territory of the United
States, or a State, including the
waters thereof, or aboard a vessel that
is documented under chapter 121 of
title 46, United States Code, or
registered in the United States; and
* * * * * * *
BUDGETARY IMPACT
Section 308(a)(1)(A) of the Congressional Budget and
Impoundment Control Act of 1974 (Public Law 93-344), as
amended, requires that the report accompanying a bill providing
new budget authority contain a statement detailing how that
authority compares with the reports submitted under section 302
of the act for the most recently agreed to concurrent
resolution on the budget for the fiscal year. All funds
provided in this bill are either offset or are within the
remaining limits of the Committee's allocations.
Five-Year Projection of Outlays
In compliance with section 308(a)(1)(C) of the
Congressional Budget Act of 1974 (Public Law 93-344), as
amended, the following table contains 5-year projections
associated with the budget authority provided in the
accompanying bill:
[In millions]
Budget authority: Fiscal year 2002............................ $32,100
Outlays:
Fiscal year 2002.......................................... 9,530
Fiscal year 2003.......................................... 10,656
Fiscal year 2004.......................................... 5,087
Fiscal year 2005.......................................... 2,795
Fiscal year 2006 and future years......................... 3,131
Note: The above table includes both mandatory and discretionary
appropriations.
---------------------------------------------------------------------------
Assistance to State and Local Governments
In accordance with section 308(a)(1)(D) of the
Congressional Budget Act of 1974 (Public Law 93-344), as
amended, the financial assistance to State and local
governments is as follows:
[In millions]
New budget authority.......................................... $6,096
Fiscal year 2002 outlays...................................... 304
COMPARATIVE STATEMENT OF NEW BUDGET (OBLIGATIONAL) AUTHORITY ESTIMATES AND AMOUNTS RECOMMENDED IN THE BILL
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Committee
recommendation
Doc. No. Supplemental Committee compared with
estimate recommendation supplemental
estimate (+ or -)
----------------------------------------------------------------------------------------------------------------
CHAPTER 1
DEPARTMENT OF AGRICULTURE
-- Office of the Secretary (contingent ................. 18,000 +18,000
emergency)
Agricultural Research Service:
-- Salaries and expenses (contingent ................. 16,000 +16,000
emergency)
-- Buildings and facilities ................. 50,000 +50,000
-- Cooperative State Research, Education and ................. 16,000 +16,000
Extension: Extension activities (contingent
emergency)
-- Animal and Plant Health Inspection Service: ................. 60,000 +60,000
Salaries and expenses (contingent
emergency)
-- Food Safety Inspection Service: Food Safety ................. 15,000 +15,000
Inspection Service(contingent emergency)
Natural Resources Conservation Service
107-195 Watershed Rehabilitation Program -9,000 ................. +9,000
(rescission)
-- Watershed and Flood Prevention Operations ................. 73,000 +73,000
-- (Contingent emergency) ................. 27,000 +27,000
-- Rural Development: Rural community ................. 25,000 +25,000
advancement program (contingent emergency)
Rural Utilities Services
-- Local Television Loan Guarantee program ................. 20,000 +20,000
account
(rescission) ................. -20,000 -20,000
Food and Nutrition Service
107-195 Special Supplemental Nutrition Program for 75,000 75,000 .................
Women, Infants, and Children (WIC)
-- Food Stamp employment and training ................. -33,000 -33,000
(rescission)
General Provision
-- (Contingent emergency) ................. 10,000 +10,000
----------------------------------------------------------
Total, chapter 1 66,000 352,000 +286,000
Appropriations (75,000) (218,000) (+143,000)
Contingent emergency ................. (187,000) (+187,000)
appropriations
Rescissions (-9,000) (-53,000) (-44,000)
==========================================================
CHAPTER 2
DEPARTMENT OF JUSTICE
General Administration
-- Salaries and expenses ................. 2,000 +2,000
107-195 (Emergency) 5,750 ................. -5,750
-- (Contingent emergency) ................. 184,550 +184,550
Legal Activities
-- United States Attorneys (contingent ................. 5,200 +5,200
emergency)
-- (Rescission) ................. -7,000 -7,000
-- United State Marshals Service: Salaries and ................. -2,100 -2,100
expenses (rescission)
Federal Bureau of Investigation
107-195 Salaries and expenses (emergency) 10,000 ................. -10,000
-- (Contingent emergency) ................. 75,500 +75,500
Drug Enforcement Administration
-- Violent Crime Reduction Trust Fund ................. -13,000 -13,000
(rescission)
Immigration and Naturalization Service
107-195 Salaries and expenses (emergency) 35,000 ................. -35,000
-- (Contingent emergency) ................. 35,000 +35,000
-- Construction (contingent emergency) ................. 84,000 +84,000
Federal Prison System
-- Buildings and facilities (rescission) ................. -30,000 -30,000
Office of Justice Programs
-- Justice assistance ................. 450,000 +450,000
-- (Rescission) ................. -4,000 -4,000
-- COPS Interoperability (contingent emergency) ................. 85,000 +85,000
DEPARTMENT OF COMMERCE AND RELATED AGENCIES
Trade and Infrastructure Development Related
Agencies
Office of the United States Trade
Representative
107-195 European Communities Music Licensing Dispute 3,300 ................. -3,300
DEPARTMENT OF COMMERCE
International Trade Administration
-- Operations and administration (contingent ................. 1,725 +1,725
emergency)
Export Administration
107-195 Operations and Administration (emergency) 8,700 ................. -8,700
-- (Contingent emergency) ................. 8,700 +8,700
Bureau of the Census
-- Periodic Censuses and Programs (rescission) ................. -20,900 -20,900
National Institute of Standards and
Technology
107-195 Scientific and Technical Research and 4,000 ................. -4,000
Services (emergency)
-- (Contingent emergency) ................. 84,600 +84,600
National Oceanic and Atmospheric
Administration
-- Operations, research and facilities ................. 26,400 +26,400
-- (Contingent emergency) ................. 2,800 +2,800
-- Procurement, acquisition and construction ................. 7,200 +7,200
(contingent emergency)
-- (Rescission) ................. -8,100 -8,100
107-195 Fisheries Finance Program Account (24,000) (24,000) .................
(limitation on direct loans)
107-195 Negative subsidy -3,000 -3,000 .................
Departmental Management
107-195 Salaries and expenses (emergency) 400 ................. -400
-- (Contingent emergency) ................. 400 +400
THE JUDICIARY
Supreme Court of the United States
107-195 Care of the Buildings and Grounds 10,000 ................. -10,000
(emergency)
-- (Contingent emergency) ................. 10,000 +10,000
United States Courts of Appeals for the
Federal Circuit
107-195 Salaries and expenses (emergency) 857 ................. -857
Courts of Appeals, District Courts, and
Other Judicial Services
107-195 Salaries and expenses (emergency) 3,143 ................. -3,143
-- (Contingent emergency) ................. 9,684 +9,684
DEPARTMENT OF STATE
Administration of Foreign Affairs
107-195 Capital Investment Fund (emergency) 2,500 ................. -2,500
107-195 Diplomatic and Consular Programs (emergency) 51,050 ................. -51,050
-- (Contingent emergency) ................. 38,300 +38,300
107-195 Educational and Cultural Exchange Programs 10,000 ................. -10,000
(emergency)
-- (Contingent emergency) ................. 9,000 +9,000
107-195 Embassy Security, Construction, and 200,516 ................. -200,516
Maintenance (emergency)
-- (Contingent emergency) ................. 210,516 +210,516
107-195 Emergencies in the Diplomatic and Consular 8,000 ................. -8,000
Service (emergency)
International Organizations and Conferences
107-195 Contributions to International Organizations 7,000 ................. -7,000
(emergency)
-- (Contingent emergency) ................. 7,000 +7,000
107-195 Contributions to International Peacekeeping 43,000 ................. -43,000
Activities (emergency)
-- (Rescission) ................. -35,000 -35,000
RELATED AGENCIES
Broadcasting Board of Governors
107-195 International Broadcasting Operations 7,400 ................. -7,400
(emergency)
-- (Contingent emergency) ................. 7,400 +7,400
Securities and Exchange Commission
107-195 Salaries and expenses 20,000 20,000 .................
-- (Contingent emergency) ................. 9,300 +9,300
GENERAL PROVISIONS
-- Section 208 ................. 11,000 +11,000
-- Section 209 ................. 5,000 +5,000
----------------------------------------------------------
Total, chapter 2 427,616 1,267,175 +839,559
Appropriations (20,300) (511,400) (+491,100)
Emergency appropriations (407,316) ................. (-407,316)
Contingent emergency ................. (875,875) (+875,875)
appropriations
Rescissions ................. (-120,100) (-120,100)
==========================================================
CHAPTER 3
DEPARTMENT OF DEFENSE--MILITARY
Military Personnel
107-195 Military Personnel, Air Force (emergency) 206,000 206,000 .................
Operation and Maintenance
107-195 Operation and Maintenance, Army (emergency) 107,000 107,000 .................
107-195 Operation and Maintenance, Navy (emergency) 36,500 36,500 .................
107-195 Operation and Maintenance, Air Force 41,000 41,000 .................
(emergency)
107-195 Operation and Maintenance, Defense-Wide 739,000 739,000 .................
(emergency)
107-195 Defense Emergency Response Fund (emergency) 11,300,000 11,300,000 .................
Procurement
107-195 Other Procurement, Army (emergency) 79,200 79,200 .................
107-195 Aircraft Procurement, Navy (emergency) 22,800 22,800 .................
107-195 Procurement of Ammunition, Navy and Marine 262,000 262,000 .................
Corps (emergency)
107-195 Other Procurement, Navy (emergency) 2,500 2,500 .................
107-195 Procurement, Marine Corps (emergency) 3,500 3,500 .................
107-195 Aircraft Procurement, Air Force (emergency) 93,000 93,000 .................
107-195 Procurement of Ammunition, Air Force 115,000 115,000 .................
(emergency)
107-195 Other Procurement, Air Force (emergency) 752,300 752,300 .................
107-195 Procurement, Defense-Wide (emergency) 99,500 99,500 .................
Research, Development, Test and Evaluation
107-195 RDT&E, Army (emergency) 8,200 8,200 .................
107-195 RDT&E, Navy (emergency) 19,000 19,000 .................
107-195 RDT&E, Air Force (emergency) 60,800 60,800 .................
107-195 RDT&E, Defense-Wide (emergency) 74,700 74,700 .................
107-195 General Transfer Authority (sec. XXXX) (1,000,000) ................. (-1,000,000)
----------------------------------------------------------
Total, chapter 3 14,022,000 14,022,000 .................
Emergency appropriations (14,022,000) (14,022,000) .................
==========================================================
CHAPTER 4
DISTRICT OF COLUMBIA
-- Federal payment to the Childrens National ................. 13,770 +13,770
Medical Center (contingent emergency)
-- Federal payment to the District of Columbia ................. 24,730 +24,730
(contingent emergency)
-- Federal payment to the Washington ................. 25,000 +25,000
Metropolitan Area Transit Authority
(contingent emergency)
-- Federal Payment to the Washington ................. 1,750 +1,750
Metropolitan Area Council of Governments
(contingent emergency)
-- Federal Payment to the Water and Sewer ................. 3,000 +3,000
Authority of the District of Columbia
(contingent emergency)
----------------------------------------------------------
Total, chapter 4 ................. 68,250 +68,250
Contingent emergency ................. (68,250) (+68,250)
appropriations
==========================================================
CHAPTER 5
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
-- Flood control, Mississippi River and ................. (6,500) (+6,500)
tributaries (By transfer emergency)
-- Operation and maintenance, general ................. 10,000 +10,000
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
-- Water and related resources ................. 3,000 +3,000
DEPARTMENT OF ENERGY
National Nuclear Security Administration
107-195 Weapons Activities (emergency) 19,400 ................. -19,400
-- (Contingent emergency) ................. 181,650 +181,650
-- Defense Nuclear Nonproliferation (contingent ................. 100,000 +100,000
emergency)
-- Office of the Administrator (contingent ................. 1,750 +1,750
emergency)
Environmental and Other Defense Activities
-- Defense facilities closure projects ................. 40,000 +40,000
(contingent emergency)
107-195 Other Defense Activities (emergency) 7,000 ................. -7,000
-- (Contingent emergency) ................. 7,000 +7,000
GENERAL PROVISIONS
DEPARTMENT OF ENERGY
-- Department-wide non-defense (rescission) ................. -30,000 -30,000
----------------------------------------------------------
Total, chapter 5 26,400 313,400 +287,000
Appropriations ................. (13,000) (+13,000)
Emergency appropriations (26,400) ................. (-26,400)
Contingent emergency ................. (330,400) (+330,400)
appropriations
Rescissions ................. (-30,000) (-30,000)
(By transfer emergency) ................. (6,500) (+6,500)
==========================================================
CHAPTER 6
INTERNATIONAL ASSISTANCE PROGRAMS
United States Agency for International
Development
-- Child Survival and Health programs fund ................. 100,000 +100,000
107-195 International Disaster Assistance 40,000 ................. -40,000
(emergency)
-- (Contingent emergency) ................. 150,000 +150,000
107-195 Operating Expenses of the Agency for 7,000 ................. -7,000
International Development (emergency)
-- (Contingent emergency) ................. 5,000 +5,000
Other Bilateral Economic Assistance
107-195 Economic Support Fund (emergency) 525,000 ................. -525,000
-- (Contingent emergency) ................. 700,000 +700,000
107-195 Assistance for the Independent States of the 110,000 ................. -110,000
Former Soviet Union (emergency)
-- (Contingent emergency) ................. 110,000 +110,000
107-195 International Narcotics Control and Law 114,000 ................. -114,000
Enforcement (emergency)
-- (Contingent emergency) ................. 104,000 +104,000
-- Migration & refugee assistance ................. 50,000 +50,000
107-195 Nonproliferation, Anti-Terrorism, Demining, 83,000 ................. -83,000
and Related Programs (emergency)
-- (Contingent emergency) ................. 93,000 +93,000
107-195 Foreign Military Financing Program 372,500 ................. -372,500
(emergency)
-- (Contingent emergency) ................. 347,500 +347,500
107-195 Peacekeeping Operations (emergency) 28,000 ................. -28,000
-- (Contingent emergency) ................. 20,000 +20,000
Multilateral Economic Assistance
107-195 International Financial Institutions -157,000 -159,000 -2,000
(rescission)
GENERAL PROVISIONS
-- Rescission (sec. 604) ................. -75,000 -75,000
----------------------------------------------------------
Total, chapter 6 1,122,500 1,445,500 +323,000
Appropriations ................. (150,000) (+150,000)
Emergency appropriations (1,279,500) ................. (-1,279,500)
Contingent emergency ................. (1,529,500) (+1,529,500)
appropriations
Rescissions (-157,000) (-234,000) (-77,000)
==========================================================
CHAPTER 7
DEPARTMENT OF THE INTERIOR
United States Fish and Wildlife Service
-- Resource management (contingent emergency) ................. 412 +412
-- Construction (contingent emergency) ................. 3,125 +3,125
National Park Service
-- Construction (contingent emergency) ................. 17,651 +17,651
Uniteds State Geological Survey
-- Surveys, investigations, and research ................. 26,776 +26,776
(contingent emergency)
Bureau of Indian Affairs
107-195 Operation of Indian programs (rescission) -10,000 -10,000 .................
Departmental Offices
-- Departmental Management (contingent ................. 7,030 +7,030
emergency)
Related Agencies
DEPARTMENT OF AGRICULTURE
Forest Service
-- Capital improvement and maintenance ................. 3,500 +3,500
(contingent emergency)
Other Related Agencies
Smithsonian Institution
-- Construction (contingent emergency) ................. 2,000 +2,000
----------------------------------------------------------
Total, chapter 7 -10,000 50,494 +60,494
Contingent emergency ................. (60,494) (+60,494)
appropriations
Rescissions (-10,000) (-10,000) .................
==========================================================
CHAPTER 8
DEPARTMENT OF LABOR
Employment and Training Adminstration
107-195 Training & Employment Services (contingent 750,000 400,000 -350,000
emergency)
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
107-195 Health Resources and Services (rescission) -20,000 ................. +20,000
Centers for Disease Control and Prevention
-- Disease Control, Research and Training ................. 315,000 +315,000
(contingent emergency)
National Institutes of Health
-- Buildings and facilities (contingent ................. 72,000 +72,000
appropriations)
107-195 (Rescission) -30,000 -30,000 .................
Office of the Secretary
-- Public Health and Social Services Emergency ................. 90,000 +90,000
fund Contingent emergency)
DEPARTMENT OF EDUCATION
107-159 Student financial assistance 1,276,000 ................. -1,276,000
-- (Contingent emergency) ................. 1,000,000 +1,000,000
General Provisions
107-159 Labor-HHS Public Law 107-116 bill-wide -1,276,000 ................. +1,276,000
(rescission)
-- Administrative costs (rescission) ................. -45,000 -45,000
----------------------------------------------------------
Total, chapter 8 700,000 1,802,000 +1,102,000
Contingent emergency (750,000) (1,877,000) (+1,127,000)
appropriations
Rescissions (-1,326,000) (-75,000) (+1,251,000)
==========================================================
CHAPTER 9
LEGISLATIVE BRANCH
Joint Items
Capitol Police Board
Capitol Police
107- General expenses (contingent emergency) 7,000 3,600 -3,400
Library of Congress
107-195 Copyright Office: Salaries and expenses 7,500 ................. -7,500
(emergency)
-- (Contingent emergency) ................. 7,500 +7,500
GOVERNMENT PRINTING OFFICE
107- Congressional printing and binding 5,875 ................. -5,875
107- Government Printing Office revolving fund 2,000 ................. -2,000
----------------------------------------------------------
Total, chapter 9 22,375 11,100 -11,275
Appropriations (7,875) ................. (-7,875)
Contingent emergency (7,000) (11,100) (+4,100)
appropriations
Emergency appropriations (7,500) ................. (-7,500)
==========================================================
CHAPTER 10
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
107-195 Transportation Administrative Service Center (12,100) (12,100) .................
(obligation limitation)
Transportation Security Administration
107-195 Salaries and expenses (emergency) 2,455,000 ................. -2,455,000
107-195 (Contingent emergency) 1,945,000 4,702,525 +2,757,525
Coast Guard
107-195 Operating Expenses (emergency) 189,000 ................. -189,000
-- (Contingent emergency) ................. 318,400 +318,400
107-195 Acquisition, Construction, & Improvements 66,000 ................. -66,000
(emergency)
-- (Contingent emergency) ................. 347,700 +347,700
Federal Aviation Administration
-- Operations (contingent emergency) ................. 100,000 +100,000
107-195 (Transfer authority) (100,000) ................. (-100,000)
-- Facilities and equipment (Airport and Airway ................. 15,000 +15,000
trust fund) (contingent emergency)
-- Grants-in-aid for airports (Airport and ................. 100,000 +100,000
Airway trust fund) (contingent emergency)
Federal-Aid Highways
107-195 Emergency Relief Program (Highway trust 167,000 ................. -167,000
fund) (emergency)
-- (Contingent emergency) ................. 167,000 +167,000
-- Federal-aid Highways (rescission of contract ................. -200,000 -200,000
authority)
Federal Motor Carrier Safety Administration
107-195 Border Enforcement Program (emergency) 19,300 19,300 .................
Federal Railroad Administration
-- Capital grants to the National Railroad ................. 55,000 +55,000
Passenger Corporation
Federal Transit Administration
107-195 Capital Investment Grants (emergency) 1,800,000 ................. -1,800,000
-- (Contingent emergency) ................. 1,800,000 +1,800,000
Research and Special Projects Administration
107-195 Research and Special Programs (emergency) 3,500 ................. -3,500
-- (Contingent emergency) ................. 3,500 +3,500
General Provisions
-- Airline loan program limitation (sec. 1103) ................. -393,000 -393,000
(emergency (offset)
----------------------------------------------------------
Total, chapter 10 6,644,800 7,035,425 +390,625
Emergency appropriations (4,699,800) (19,300) (-4,680,500)
Contingent emergency (1,945,000) (7,554,125) (+5,609,125)
appropriations
(Emergency offset) ................. -393,000 -393,000
(Transfer authority) (100,000) ................. (-100,000)
(Obligation limitation) (12,100) (12,100) .................
(Rescission of contract authority) ................. -200,000 -200,000
==========================================================
CHAPTER 11
DEPARTMENT OF THE TREASURY
-- Financial Management Service: Salaries and ................. -14,000 -14,000
expenses (rescission)
-- United States Customs Service: Salaries and ................. 59,000 +59,000
expenses (contingent emergency)
-- Internal Revenue Service: Information ................. -10,000 -10,000
Systems (rescission)
-- United States Secret Service: Salaries and ................. 17,200 +17,200
expenses (contingent emergency)
POSTAL SERVICE
107-195 Payment to the Postal Service Fund 87,000 ................. -87,000
(emergency)
-- (Contingent emergency) ................. 87,000 +87,000
EXECUTIVE OFFICE OF THE PRESIDENT
Office of Administration
107-195 Salaries and expenses (emergency) 5,000 ................. -5,000
-- (Contingent emergency) ................. 5,000 +5,000
INDEPENDENT AGENCIES
GENERAL SERVICES ADMINISTRATION
Real Property Activities
107-195 Federal Buildings Fund (emergency) 51,800 ................. -51,800
-- (Contingent emergency) ................. 51,800 +51,800
General Activities
107-195 Policy and Operations (emergency) 2,500 ................. -2,500
-- (Contingent emergency) ................. 2,500 +2,500
----------------------------------------------------------
Total, chapter 11 146,300 198,500 +52,200
Emergency appropriations (146,300) ................. (-146,300)
Contingent emergency ................. (222,500) (+222,500)
appropriations
Rescissions ................. (-24,000) (-24,000)
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CHAPTER 12
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
107- Compensation and pensions 1,100,000 1,100,000 .................
107-195 Medical Care 142,000 142,000 .................
-- (Contingent emergency) ................. 275,000 +275,000
107-195 Medical and Prosthetic Research (rescission) -5,000 ................. +5,000
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
-- Housing Certificate Fund: Rescission of ................. -300,000 -300,000
unobligated balances: Section 8 recaptures
(rescission)
Community Planning and Development
107-195 Community Development Block Grants 750,000 ................. -750,000
(emergency)
-- (Contingent emergency) ................. 750,000 +750,000
107-195 Rural Housing and Economic Development -20,000 ................. +20,000
(rescission)
-- HOME investment partnership program ................. -50,000 -50,000
(rescission)
INDEPENDENT AGENCIES
Environmental Protection Agency
-- Science and technology (contingent ................. 100,000 +100,000
emergency)
107-195 Hazardous Substance Superfund (emergency) 12,500 ................. -12,500
-- (Contingent emergency) ................. 12,500 +12,500
Federal Emergency Management Agency
107-195 Disaster Relief (emergency) 2,750,000 ................. -2,750,000
-- (Contingent emergency) ................. 2,660,000 +2,660,000
107-195 Emergency Management Planning & Assistance 326,728 ................. -326,728
(emergency)
-- (Contingent emergency) ................. 745,000 +745,000
-- Cerro Grande Fire Claims (Contingent ................. 80,000 +80,000
emergency)
National Science Foundation
107-195 Education and Human Resources (emergency) 19,300 ................. -19,300
-- (Contingent emergency) ................. 19,300 +19,300
----------------------------------------------------------
Total, chapter 13 5,075,528 5,533,800 +458,272
Appropriations (1,242,000) (1,242,000) .................
Emergency appropriations (3,858,528) ................. (-3,858,528)
Contingent emergency ................. (4,641,800) (+4,641,800)
appropriations
Rescissions (-25,000) (-350,000) (-325,000)
==========================================================
Grand total (gross) 29,770,519 33,588,744 +3,818,225
Grand total (net) 28,243,519 32,099,644 +3,856,125
Appropriations (2,621,175) (2,189,400) (-431,775)
Emergency appropriations (24,447,344) (14,041,300) (-10,406,044)
Contingent emergency (2,702,000) (17,358,044) (+14,656,044)
appropriations
Rescissions (-1,527,000) (-896,100) (+630,900)
(Rescission of contract authority) ................. -200,000 -200,000
(Emergency offset) ................. -393,000 -393,000
(By transfer emergency) ................. (6,500) (+6,500)
(Other) (1,136,100) (36,100) (-1,100,000)
==========================================================
CONGRESSIONAL BUDGET RECAP
Total mandatory and discretionary 28,243,519 32,099,644 +3,856,125
Mandatory 1,100,000 1,100,000 .................
Discretionary 27,143,519 30,999,644 +3,856,125
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